DECISION This is an appeal against the order of the Labour Court ordering the re-instatement of the respondent on an application made under section 25-A, Industrial Relations Ordinance.
2. The respondent was in the permanent employment of the appellant and was working as Winder in the Double Winding Department, Subsequently, on his request in writing, he was transferred and posted as Bobin Sorter. However, retrenchment had taken place and the vice of the respondent was terminated on 12-8-76 on the ground that he was a junior-mosts Bobin Sorter. Two other persons were also retrenched. The respondent after serving the grievance notice approached the Labour Court. The application was resisted and it was pleaded that the service of the respondent was to be counted from the date when he was appointed as Bobin Sorter and, wherefore, he being the most junior in that category his service was termi--nated.
3. Evidence was recorded. On the assessment of the evidence the learned Presiding Officer entertained the view that the service of the respon--dent was to be counted from the date of his original appointment and not from the date of his transfer and he being senior to other two persons, he could not be retrenched. In this connection it may be noted that one Elahi Bux and Godar Khan had also been retrenched on the same ground and they had approached the Labour Court under section 25-A, Industrial Relations Ordinance. In that application it was held that Elahi Bux was senior to the present respondent and, therefore, he was re-instated in preference to the respondent.
4. I have given my thoughtful consideration to the whole case and I am of the view that that the original application made under section 25-A, Industrial Relations Ordinance by the respondent suffers from a material illegality. Elahi Bux who was treated as senior to the respondent in another proceeding by the Labour Court was not made a party to the present proceedings. Elahi Bux was not only a proper party but a necessary party and in his absence no adverse order can be passed against him. The respondent ought to have impleaded Elahi Bux in the application made under section 25-A, Industrial Relations Ordinance, and without his being a part it is not possible to allow the respondent the relief which he had claimed, specially in respect of Elahi Bux. The proper course would have been either to implead Elahi Bux as a party or to dismiss the application as not maintainable for want of necessary party. The application, therefore, made was incompetent.
Apart from this, the transfer of the respondent to another job was made at his own request and, therefore, he could not claim seniority over the persons who were already working there. Of course, the establishment was of the same mill but the two posts were of different categories.
5. In result the appeal is allowed and order of the Labour Court is set aside. The application made under section 25-A Industrial Relations Ordinance stands dismissed.