1999 PLP 76 (PLC)

Learned Labour Court No. 7, Gujranwala, presided over by Ch. Riaz Ahmad, had dismissed on 3‑6‑1997 the grievance petition filed under section 25‑A of the Industrial Relations Ordinance, 1969, by Muhammad Islam; and he has preferred the present appeal.

2. Muhammad Islam had approached the Labour Court on 22‑4‑1996, describing him as Muawan A.M.P., (Helper of Assistant Municipal Prosecutor), ex‑Tube-well Driver, pleading that he had been working in the substantive capacity of his post (Tube-well Driver) for a period of about 18 years, and had additionally been serving as Muawan A.M.P. in those days, the added assignment having been entrusted to him in municipal interest and public interest, shortly there‑before. He said that he was a Law Graduate (LL.B.) and had passed a number of other courses, as Labour Laws, Refrigeration and Air‑Conditioning, Electricians Course, Education Course, Computer Course, etc. Since 3‑8‑1995, he had efficiently been performing the duties of a Helper A.M.P., which duty he had assumed, under orders rendered by the Administrator, Municipal Corporation, Gujranwala, on 3‑8‑1995. Allegedly in consequence of collusion and conspiracy hatched by his adversaries, the aforesaid orders were going to be recalled or resided; and he was, therefore, obliged to have recourse to the Labour Court for redressing his grievance.

3. The appellant says that he is keen to remain on the rolls of the Municipal Corporation, although it is proposed to send him back to WASA, so that he could continue serving there as Tube-well Operator. He maintains that his qualifications, as also his suitability, for the job of the Assistant Municipal Prosecutor, coupled with his performance in that particular Wing/Section, would eminently entitle him to permanent appointment as Assistant Municipal Prosecutor, especially as the former A.M.P. Mr. Muhammad Faqir has retired from service on 3‑1‑1997 (A.N.), and not only that, even prior to that, since 3‑8‑1995, he has continuously been serving as and discharging the duties of the post of A.M.P., which carries Grade No.

16. For a period of about three years last, he has performed the functions of A.M.P., to the entire satisfaction of the Authorities, and as is the import and intention of section 47 (ibid), he cannot be pushed back to the post of Tube-well Driver, a manifestly down‑graded assignment, as compared with that of A.M.P.

4. I have carefully perused the entire material available on record. The Chief Corporation Officer, on 22‑7‑1997, under the orders of the Municipal Administrator, M.A. Sattar, asked the appellant to look after and perform the duties of the A.M.P. in the Legal Cell. The Administrator, M.C. Gujranwala had passed the necessary orders on 28‑7‑1997, in black and white, authorising Mr. Muhammad Islam to work as Municipal Prosecutor, and delegated to him powers of the office, so that he could prosecute and defend all kinds of cases, appeals, and other applications, in civil, criminal, revenue, labour and other kinds of legal proceedings, on behalf of the Municipal Corporation. The order is available on record, and it embodies all the necessary details, as regards his assumption of responsibilities. There is also a. D.O. letter dated 6‑11‑1997, addressed to the Administrator, M.C., Gujranwala, by the Senior Legal Advisor (Mr. Jan Muhammad Bhatti, Advocate), certifying that Mr. Muhammad Islam's pick‑up of Court matters was fairly good and he had been doing a good job in attending to cases before N.I.R.C., Labour Court, Labour Appellate Tribunal, High Court and all other Courts, and had acquired rich experience in the field, which was of technical nature and could not be handled conveniently by the common officials and other workers of the Corporation. It was also observed in the said letter that if he was to go back to WASA, as Tube-well Operator, his talent would be wasted, and such reversal of arrangement would also be against the norms of justice and equity. He could handle the Court cases in knowledgeable and efficient way, and on further training he would in all likelihood become a useful hand for attending to Court cases at all levels. It was, therefore, strongly recommended that he be retained on the strength of the Municipal Corporation.

5. These being the developments, and legal position being the one, as enunciated in PLD 1970 Quetta 115, PLD 1978 SC 61, 1983 PLC 103 (Lahore High Court) and 1983 PLC 581 (Punjab Labour Appellate Tribunal), relied upon by the appellant, he appears to be entitled, beyond any manner of doubt, to upgradation as A.M.P., and he has also equitable entitlement to get the emoluments of the post, with effect from 3‑1‑1997 (when the substantive post had fallen vacant), if not from an earlier date, i.e. 3‑8‑1995, since when he has practically been performing the duties of the post. In the Labour Court, Gujranwala, the Municipal Authorities had not felt it necessary to defend their contrary cause (if any), and the appellant, as petitioner, had been left free to prosecute his petition and even the Labour Court had observed in an advisory way that the post be offered to Mr. Muhammad Islam, or he be considered for appointment against such post, whenever one in substantive capacity would fall vacant. Since, however, it was not a direction, the Municipal Authorities were endeavouring not to abide by it but were allegedly on the look‑out not to accommodate the appellant, by way of his appointment against the said post, although in view of his qualifications, as also experience and performance, he richly deserved to be posted in the capacity of A.M. P.

6. I agree, in a large measure, with the contention put-forth by the appellant that the learned lower Court has dealt with the matter in a haphazard and superficial way, and has not tried to appreciate that the Labour Laws are applicable to the case, and the workers ought to be blessed by the Labour Court, which could even examine other attendant facts and circumstances, and not necessarily those which find mention in the pleadings or in the evidence. I find myself objectively inclined to have a view of the appellant's case, with complete favour, in that perspective. I would, therefore, accept the appeal, although I will leave the parties to bear their respective costs of the litigation throughout. The intended arrangement shall be put into effect, in all respects, without delay, and in any case, since 3‑1‑1997, as already observed. H.B.T./930/Lb.P Appeal accepted.