1992 PLP 1094 (PLC(CS))

MA. Hassan Malik for Appellant. Date of hearing: 16th August, 1990. Heard Mr. M. A. Hassan Malik, learned Advocate for the appellant.

2. This is an appeal against the order, dated 3-5-1990, passed by the learned Presiding Officer, Sindh Labour Court No. IV at Karachi, whereby the grievance petition of the appellant was dismissed on the ground of non joinder of parties.

3. The case of the appellant, in brief, is that he had joined the service with the respondents in 1981, but he was wrongly shown to have been regularized on 15-10-1985, as a result of which he was placed junior to a number of persons. 1t is further alleged that as a consequence of this wrong fixation of seniority by the respondents, 2 persons junior to him have been promoted. He after serving grievance notice upon the respondents filed the grievance petition in which he had prayed as under:-- "In the light of facts and law detailed above I shall be grateful if this Hon'ble Court may be pleased to hold the aforesaid selection for the post to Retarder Mechanic and Block Mistry in abeyance and/or allow me to be posted as Retarder Mechanic or Block Mistry being a regular appointee of 15-6-1981 as Retarder Muawin/Helper, as I have been totally ignored and the juniors have been promoted and posted illegally. The prayer is made in the interest of justice and equity:"

4. If this prayer of the appellant is granted, it would adversely affect the 2 persons who have been promoted and other persons who have been placed senior to him. Admittedly, the persons who have been promoted or who have been placed senior have not been made party to the proceedings. The learned Labour Court has dismissed the grievance petition on the main ground of the non-joinder of those persons who would be affected adversely if the prayer is granted. Mr. Hassan Malik, the learned Advocate has relied upon a decision of the learned Labour Appellant Tribunal, Punjab, reported in 1983 PLC 614; wherein the learned Tribunal has held that "non joinder of persons who have been promoted was not fatal so as to make the petition as non-maintainable." In the reported case as it appears from the reported judgment, the petitioner had only prayed for promotion and had not claimed the seniority on any person or claimed the promotion of others or seniority of others to be illegal. This case is distinguishable. This Tribunal has consistently held that non-joinder of the parties who may be adversely affected by the order of the Tribunal was fatal to the maintainability of the grievance petition. There is no merit in this appeal which is dismissed in liminie. M.Y.H./1740/Lb.S ???????????????????????????????????????????????????????????????????????????? Appeal dismissed.