1989 PLP 438 (PLC)

Ss. 22(8)(g), 22-B(e), 25-A & 15--Civil Procedure Code (V of 1908), O. VII, R. 11--Demotion--Worker, a driver, sent for training and ordered to return to job of driver which he was performing before being asked to go for training as a driver--Neither posting of worker as trainee implied promotion nor his joining same job after receiving training was a demotion--Worker himself stating that he was not demoted nor any written order against his interest was passed--Grievance petition, therefore, disclosed no cause of action and dismissed under O. VII, R.. 11, Civil Procedure Code. Asmat Kamal Khan for Appellant. Saleem Baig for Respondent. Briefly the facts alleged in this petition are that the petitioners respectively the Propaganda and Office Secretaries of the union completed their training period successfully and were posted as driver and Gate-cum-General Duty Clerk. They were allegedly summoned by the respondent in his office on 12-3-1985 and asked to leave the union and strengthen the respondent in forming a new union. They were offered special increments, promotion, and other benefits but they refused, on which, they were threatened with dire consequences. They were verbally asked to go back to their job on which they were working prior to their training. They have not yet joined as no written order has so far been given. However, they are being pressurised to go back to their previous assignment which amounts to demotion. It was prayed that respondent be directed not to demote M/s Muhammad Razzaq and Saeed Kiani and also the respondent be directed to refrain from changing their present position.

2. I had dismissed Petition No. 24(57) of 1985 for interim order seeking to restrain the respondent from demoting Muhammad Razzaq and Saeed Kiani. This Petition No. 7(37) of 1985 becomes partly infructuous because Saeed Kiani had already left the employment of the Company.

3. As for the petition by Muhammad Razzaq, so far no cause of action has arisen. Muhammad Razzaq petitioner has neither been yet demoted nor any written order against his interests has yet been passed according to his own showing. He was only posted for training and that training did not imply promotion, as the order sending him on training shows. Thus, the order of the respondent requiring him to return to the job which he was performing before being required to undergo training as Driver does not amount to demotion and causes no injury in respect of his employment.

4. Thus, since no cause of action has arisen this petition is rejected under Order VII, rule 11, C.P.C. M.Y.H./130/NIRC Petition rejected.