This appeal arises from the decision dated 17th of August, 1980 passed by the learned Presiding Officer, Labour Court No. 1, Lahore, whereby the appellant was directed to treat the respondent to have been. Promoted were. f. 15-1-1980.And to deem him senior to Nawaz Ali Shah in the category of A. W. M. Back benefits were not allowed to the respondent. Nawaz Ali Shah, Foreman, who was junior to the respondent was promoted on 15-1-1980 and this gave a cause of grievance to the respondent to bring the grievance petition. During the pendency of the grievance petition, the respondent was promoted on 10th of July, 1980. Since the respondent has been promoted it means that he was fit for promotion. He was, therefore, wrongly ignored on 15-1-1980. The learned lower Court rightly directed that he be deemed to have been promoted from 15-1-1980 and be deemed senior to Nawaz Ali Shah. No doubt, according to Exh. P-1 Nawaz Ali Shah was selected by the Selection Committee, but there is nothing on the record to show that the respondent was allowed to sit in the selection, and he was not selected. There is nothing on record to show also that for some reason, the respondent was not eligible to sit in the selection. If he had been removed from service and had not been in service at the time of selection, of course the respondent could not have claimed seniority over Nawaz Ali Shah. Since the respondent was ignored not for any fault o his, the direction given by the learned lower Court that he be treated to have been promoted from 15-1-1980 and be treated as senior to Nawaz Ali Shah is just and proper.
2. There is no force in the appeal, which is dismissed.