' These are appeals against the decision, dated 12th May, 1977 of Punjab Labour Court No, 2, Lahore.
2. In 1950 all the respondents joined service as Wiremen. Thereafter, they were promoted as Electricians Grades I and II. After that they had been working as Electrical Chargemen or as Assistant Electrical Charge. Men for over six or seven years and since then they had not been confirmed-Abdul Aziz and Muhammad Iqbal, who were junior to them, were confirmed in those posts. The respondents, accordingly, served separate grievance notices and thereafter, they filed separate petitions under section 25-A of Industrial Relations Ordinance, 1969 as per detail as under.
(1) Muhammad Arshad, respondent served grievance notice on 25th March, 1974 and filed his petition on 30th April, 1974.
(2) Muhammad Yasin and Bashir Khan, respondents served joint grievance notice on 28th November, 1973, which fact is admitted by the appellant vide Exh. P. W. 1/2, dated 22nd December, 1973. Both of them filed separate petitions on 29th January, 1974.
(3) Abdur Razzak, respondent served grievance notice on 24th March, 1975 and the reply is dated 28th April, 1975. He filed his petition on 30th May, 1975.
(4) Muhammad Aslam, respondent served grievance notice on 16th March, 1974 and the reply dated 8th May, 1974 was received when he had already filed his petition on 10th April, 1974.
3. The respondents before the Labour Court contended that sinceing they had been working as Assistant Electrical Chargemen and Electri1 Chargemen and in view of Article 10 of section 4 of Pakistan Railways vance Chapter No, 1 of Personnel Manual (General) they should !Lave en confirmed after a period of twelve months, because they by operation the rules, were working against permanent vacancies. They also limed that if the posts against which they had been working, were parry the posts should have been made permanent after a period three years by operation of the rules of the Railway Department.
4. The appellant contended that the respondents were promoted to ciate as Assistant Electrical Chargemen or Electrical Chargemen purely a temporary measure against temporary vacancies and the confirmation persons junior to them was made under special circumstances and those s of confirmation could not be made a precedent to the respondents' m for such a relief.
5. These petitions were originally filed before the Junior Labors and after its abolition they stood transferred to Punjab Labour rt No, 2, Lahore, which consolidated all the petitions and disposed of by one decision, whereby the petitions were accepted and the appellant was directed to confirm the respondents on the posts in which were working from the dates they assumed charge.
6. Aggrieved by the above decision. The Vice-Chairman (now the irman), Pakistan Railways, Lahore, appellant has preferred separate appeals. Since the point of law involved in all these appeals e same they will be disposed of together by one judgment.
7. Article 10 of section 4 of Pakistan Railways Advance Chapter 1 of personnel Manual (General) reads as under :-
(a) Promotions will be made on twelve months probation. Confirmation will be made from the date from which an individual starts working against a permanent vacancy, subject to the provision that be completes satisfactorily the probationary period before such confirmation is considered. The twelve months' probationary period in a grade may include officiating service, if any, in that grade, provided that the 'period of officiating service is continuous with the probationary period, but confirmation will be sanctioned from the date considered suitable in each case. In case of staff required to pass an examination prior to confirmation e. g, the guards etc. The date of confirmation will be either the date of starting work against a permanent vacancy or the date of passing the required examination, whichever is later.
8. From the above it would appear that if a person has been working for twelve months against a permanent vacancy, he has to be confirmed subject to the provision that he has completed satisfactorily the probationary period.
9. The learned counsel for the appellant contended that the posts, in which the respondents were officiating, were temporary vacancies and, therefore, Article 10 would not be applicable. This contention has no force, because by virtue of instructions issued by the Railway in Pakistan Railways Gazette Extraordinary dated Saturday, 18th January, 1975, the decision of the Government was published for the information of the Railway staff. Only decision No, 1 is relevant for the purposes of these case. It reads as under :- Confirmation of staff.-The Government has decided that all the staff, except work-charged staff or those working in the temporary projects, with three years service, should be confirmed and the posts, against which they are working, should be made permanent as far as possible. The others, who cannot be so confirmed, shall be given all the benefits/privileges of confirmed staff.
10. From the perusal of the record I find that there is a letter Exh. P. W. 1/6, dated 17th December, 1969 issued on behalf of the Railway Board and addressed to the Vice-Chairman. It is to the following effect "As desired by the Chairman, please confirm that all employees working against temporary posts continuously for more than 3 years have since been confirmed. I am directed to say that the working group appointed by Government to examine the working of Services and General Administration Department has recommended that all temporary posts which are continuing for more than 3 years should be made permanent and it should not be necessary to examine their cases for continuance every year. Government has accepted this recommendation. I am, therefore, to advise you that the matter should be taken up with the Finance Department direct."
11. There is another letter on the record Exh. P. W. 1/9, dated 3rd January, 1970 from the Railways Headquarters Office, Lahore to all Divisional Superintendents, in which it is directed that all temporary posts, which are continuing for more than 3 years, may immediately be placed on permanent footings with the D.A.Os. Concerned.
12. Lastly, there is also another letter Exh. P. W. 1/8, dated 10th June, 1972 issued by Railways Headquarters Office, Lahore to all the Divisional Superintendents, in which it is mentioned that a special drive should be launched all over the Railway for confirming staff of all categories working against clear vacancies in cadre posts and who have completed one year of service. A monthly progress report on the implementation of these orders was asked for to be sent to the Railways Headquarters Office for onward transmission to the Railway Board.
13. Taking all the above documentary evidence into consideration,' the posts against which the respondents are working, have to be made permanent and the respondents be confirmed as they have completed over' three years service.
14. I, accordingly, find no merit in these appeals, which are hereby dismissed.