CONSOLIDA TED JUDGMENT Both these appeals have been directed against the impugned order dated 25.10.2019 passed by learned Punjab Labour Court No. IV, Faisalabad. The Managing Director WASA (FDA) (who hereinafter referred as 'appellant") while Abdul Wahab, (who hereinafter referred as "respondent"). Since the same question of law and facts have arisen in both these appeals, therefore, both these appeals are decided by this Tribunal through a single consolidated Judgment.
2. Brief facts of the case as per grievance petition are that the respondent was initially appointed as a Junior Accounts Assistant in WASA department on 26.9.2005 on work charge basis. That he was not regularized by the appellant despite of the fact that he completed two years of his service. That the respondent filed a grievance petition before the Labour Court for regularization of his service with all back benefits and the same was accepted and his service was regularized with all back benefits vide order dated 2.10.2009. That the appellant department filed an appeal before this Tribunal and the same was dismissed, vide Judgment dated 10.6.2010. Thereafter the appellant department filed a writ petition before the Hon'ble High Court impugning the Judgment of this Tribunal.
The said writ petition was dismissed by the Hon'ble High Court and the Judgment of this Tribunal was upheld. That later on the appellant department regular ized the service of the respondent as a Junior Accounts Assistant with all back benefits in the light of order of the Labour Court dated 2.10.2009. That the respondent is presently working as a Junior Accounts Assistant with effect from 26.9.2005 in BS-1 1 in the appellant department. That criteria for promotion from Junior Accounts Assistant BS-1 1 to Assistant Accountant BS-14 and from Assistant Accountant BS- 14 to Senior Accounts BS-16 is five years-service for each post as per WASA Service Regulation 1990. That the respondent has completed all the codal formalities for both promotions from Junior Accounts Assistant BS-1 1 to Assistant Accountant BS-14 and from Account Accountant BS-14 to Senior Accountant BS-16. Therefore .the respondent is entitled for both promotion s but his promotion has been withheld malafidely on the sole ground of litigation filed by him against the appellant department. That the respondent always performed his duties honestly and diligently and no adverse remarks are on record against him. That the respondent served the appellants' department a grievance notice for granting him both the promotion from Junior Accounts Assistant BS-1 1 to Assistant Accountant BS-14 and from Assistant Accountant BS-14 to Senior Acco untant BS-16 but no reply was given to him. After which the respondent filed a grievance petition before the Punjab Labour Court No. IV, Faisalabad.
3. The grievance petition was adjudicat ed upon. The learned Punjab Labour Court No. IV, Faisalabad, after recording of oral as well as documentary evidence of the parties and fulfillment of other codal formalities vide order dated 25.10.2019 decided the grievance petition in the" following terms: "15. The nutshell of the above discussion is that the petition in hand is partially accepted. The respondents are directed to promote the petitioner as Assistant Accountant BS-14 w.e.f. 25.9.2010 with all back benefits keeping it view of WASA Services Regulation 1990 and remaining claim of the petitioner for promotion as Senior Accountant BS-16 w.e.f. 24.9.2015 is declined. Parties are left to bear their own costs in this case. Attested copy of this order be delivered to respondents for implementation and information."
4. Hence, these appeals on the grounds mentioned therein.
5. Learned counsel for the appellant has submitted his written arguments in which he has contended that the respondent has no cause of action to file a grievance petition for his promotion because an employee cannot claim promotion as a matter of right. Hence the impugned order is liable to be set aside. Further argued that the appellant department has filed CPLA No. 8090 of 2015 before the Honourable Supreme Court of Pakistan in which promotion order and regularization of service of the respondent has been challenged and the said petition is yet pending adjudication. Also argued that the Labour Court failed to consider material evidence available on the record. Finally contended that the afore-titled appeal be accepted and the impugned order of the Labour Court be set aside.
6. Conversely , learned counsel for the respondent has argued that the impugned order to the extent of declining the claim of the respondent for promotion as Senior Accountant BS-16 w.e.f. 24.9.2015 with all back benefits is not only illegal but is a result of misreading and non-reading of evidence available on the record. In support of his contention learned counsel, for the respondent has relied upon 2000 SCMR 645, 2013 PLC 1 and 2009 PLC (CS)
40. Finally contended that the afore titled appeal filed by the respondent Abdul W ahab, be accepted as prayed for .
7. Arguments have been heard and the available record has been perused.
8. The respondent's grievance as prayed for in his grievance petition was that he be granted two steps time scale up-gradation from Junior Accountant Assistant BS-1 1 to Assistant Accountant BS-14 w.e.f. 25.9.2010 and then from Assistant Accountant BS-14 to Senior Accountant BS-16 w.e.f. 24.9.2015 with all back benefits. The appellant department filed their reply to the grievance petition and raised preliminary objections that the respondent had no cause of action to file a grievance petition as an employee cannot claim promotion as a matter of right. Further submitted that no guaranteed or secured right of the respondent had been violated by the appellant department as per Section 33(1) of PIRA, 2010. Finally prayed that grievance petition of the respondent be dismissed as being not maintainable.
9. The respondent appeared before the trial Court as PW-1 and corroborated the contents of his grievance petition.
The respondent admitted that an employee can only be promoted by the Departmental Promotion Committee of the appellant department. Further stated that he submitted an application for his promotion before the relevant authority but till date his grievance has not been redressed and his application is still pending with the authority .
The appellant department produced Muhammad Ashraf, Assistant Director Admin WASA, as their witness RW-1 before the trial Court. The said witness in his cross-examination stated that he is not the appointing authority of the respondent. Stated that the appellant department regularized the service of the respondent in the light of the decision of the Labour Court. The witness was confronted with Exh.P-7 the Annual Performance Evaluation Report for the year 2015 of the respondent. Exh.P-8, Exh.P-9 promotion letter of Tassadiq Hussain and Exh.P-10 seniority list of the respondent. The witness admitted the authenticity of all the afore mentioned documents. He admitted that according to the regulations of WASA department the criteria for a Junior Accounts Assistant is five years-service and for the next promotion from Assistant Accountant to Senior Accountant the criteria is further service of five years. Also admitted that the respondent was regularized in service on 26.9.2005 and was presently serving as a Junior Accounts Assistant with the appellant department. The witness admitted that the respondent was not being promoted in service as he was in litigation against the appellant department.