1978 PLC 169 (PLP)

This is an appeal preferred against an order dated 6th January, 1976, passed, by the Learned Presiding Officer, Junior Labour Court, Gujrat, on a petition made to that Court under section 25‑A of the Industrial Relations Ordinance, 1969 for a grievance of promotion petition was accepted. Hence Management has come in appeal.

2. I have heard the learned counsel for the parties and have gone through the record of the Junior Labour Court as well as the impugned order.

3. Brief facts necessary for the disposal of this appeal are that the respondent was a Senior Clerk. Management came to a settlement on 13th of August 1974 with the Union and it was settled that Senior Clerk would be re‑classified as Senior Office Assistant in Scale G. F.

9. Senior Clerks and Cashier were in the same grade and it was settled between the parties that any person who is Inter se Senior at the post of a Cashier or a Senior Clerk would be re‑classified as a Cashier‑Cum‑Senior Office Assistant. This is the admitted position of the parties that respondent is Senior to Mr. Sarfaraz Wali Khan and Junior to one Mr. Abdul Rauf who has recently been appointed as Head Clerk on a vacant post at Okara. Mr. Sarfaraz Wali Khan made a representation that he should be posted as Cashier‑cum‑Senior Office Assistant in the scale G. F. 10, a post which was lying vacant on the transfer of said Abdul Rant His representation was rejected with the remarks that while making selection for the job Mr. Noor Muhammad who was designated as a shier and had a longer service to his credit after Abdur Rauf was also not considered suitable enough to measure up to the requirement of job. This representation was rejected on 24th December 1975, but on a second representation he was promoted and re‑designated as a Cashier‑cum‑Senior Office Assistant in Scale G. F. 10, w. e. f. on 8th June 1974. This was done on 12th December 1974. Aggrieved by this order appellant filed a petitions under section 25‑A. It will not he out of place to mention that Mr. Sarfaraz Wali Khan was General Secretary of the Union and made a party before the Junior Labour Court.

4. Learned counsel for the appellant has contended that promotion is exclusive right of the Management and no employee can agitate a matter of promotion before the Courts which have no jurisdiction to interfere in promotion orders, and in this respect he has placed reliance on a number of cases. To me also it appears to be fact of common knowledge that Court can not interfere in such matters for the Industrial peace. But in the instant case this is not the case of the appellant that respondent was inefficient and therefore he was ignored. He has been ignored at the cost of the General Secretary of the Union and grievance of the respondent is guaranteed by law for the reason that through Exh. P. C. by which the Management admitted the respondent to be Senior to Mr. Sarfaraa Wali Khan. Management did not care to give an opportunity to the respondent to be heard. There was no complaint of inefficiency before promoting a man Junior to the respondent. To give promotion or to withholding it or to ignore an employee wino is otherwise fit for promotion is the exclusive right of the Management but there was a guaranteed right of the respondent to be heard when he was going to be ignored. This can also disturb the Industrial peace and create heart‑burning to the person affected.

5. In that view of the matter I do not see any ground to interfere into the order of the Junior Labour Court. It is therefore, upheld and appeal is dismissed.