1982 PLP 485 (PLC)

‑‑ S. 25‑A‑Limitation‑Petitioner claiming inclusion of name in confirmation list‑List prepared on basis of seniority and petitioner's exclusion due to being junior‑Seniority list prepared after due notice to petitioner‑Grievance notice served about 2 years after circulation of seniority list and grievance petition made 2 months thereafter‑Grievance notice and grievance petition, in circumstances, held, hopelessly time‑barred hence dismissed. Appellant in person. Shabir Ahmad Awan for Respondents. Date of hearing: 5th January, 1982. The appellant being aggrieved by the Provisional Confirmation List, dated 18th December, 1979 of the electrical staff in the P. W. R., wherein his name was not included, filed a grievance petition before the learned VI1th Labour Court. The grievance petition was founded on the fact that the appellant was senior to electrician Muhammad Afzal whose name was included in the Provisional Confirmation List, but his name was not so included. The learned Labour Court has dismissed the appellant's grievance petition on the ground that the said Provisional Confirmation List is based or, the Seniority List, dated 6th November, 1975, as amended by the order, dated 4th June, 1978, by which Afzal Butt was placed Senior to the appellant and several other electricians. Aggrieved by the decision of the learned Labour Court; the appellant has come up in appeal to this Tribunal.

2. It is the case of the appellant that the amended seniority list, dated 4th June, 1978 was never supplied or circulated to him and he became aware of it only after the Provisional Confirmation List, dated 18th December, 1979 was issued. Since admittedly the said Provisional Confirmation List is based of the seniority list, dated 6th November, 1975 as mended by the order dated 4th June, 1978 the important issue which fell for consideration was whether the appellant was supplied or furnished a copy of the order, dated 4th June, 1978 or at least when he became aware of the said amended order. As no definite evidence on this important issue was led before the learned Labour Court and it was on the basis of inference that the Labour Court has held that the said amended order must have been circulated to the appellant, I considered it necessary for the purposes of deciding the said issue, to examine Muhammad Shall, the dealing Head Clerk in the Personnel Branch of the Headquarter Office of the P. W. R., at Lahore. He has produced before me an acknowledgement, dated 3rd November, 1975 from the appellant to the show‑cause notice issued by the Railway administration to the persons whose seniority was likely to be affected on account of the representation made by Afzal Butt to the seniority list, dated 11th June, 1975. It appears that similar show cause notices were issued to the other affected persons and after considering the replies of such other affected persons as cared to make the same the amended seniority list, dated 4th June, 1978 was issued. It has bee explained by witness Muhammad Shafi that the practice in the P. W. R. is that such amended seniority lists are circulated to the Divisional Superintendents for information of the con cerned Staff. The Divisional Superintendents in turn send copies of the amended seniority list to the Incharge of the Staff concerned for informa tion of such staff In the instant case also, this procedure was followed and a copy of the amended seniority list, dated 4th June, 1978 was sent for the information of the appellant through the Loco Foreman, Rohri, under whom the appellant was then working. The letter through which the amended seniority list, dated 4th June, 1978 was sent for the informa tion of the appellant, is dated 15th June, 1978. A presumption attaches to the regularity of official business and in the absence of any evidence to the contrary, I am of the view that the Loco Foreman, Rohri, must have communicated the amended seniority list, dated 4th June, 1978 to the appellant, as he was directed to do so by the Divisional Personnel Officer, Sukkur. It is thus established that not only the appellant was issued a show cause notice before the amended seniority list, dated 4th June, 1978 wag issued, but further the said amended seniority list was brought to his notice through the letter of the Divisional Personnel Officer, dated 15th June 1978. Thus as early in June, 1978 the appellant had become aware of the fact that Muhammad Afzal Butt had been placed senior to him in the seniority list dated 11th June, 1975 as amended by the order date 4th June, 1978 As the Provisional Confirmation List, dated 18th December, 1979 is a mere reflection of the seniority list as a mended the order, dated 4th June, 1978 the grievance of the appellant arose t in June, 1978. Since the grievance notice was given by the appellant on 9th March, 1980 and the grievance petition was filed by him on 4th May, 1980 both the grievance notice and the grievance petition are hopelessly time‑barred.

3. For the reasons discussed by me above, I Pad no merit in this appeal and would dismiss the same.