' The appeal captioned above challenges the correctness of the decision dated 31st October, 1983 passed by the learned Presiding Officer, Punjab Labour Court No, 7, Gujranwala, dismissing the grievance petition of the appellants as time-barred and on merits.
2. The appellants are conductors. They brought the grievance petition challenging the creation of two intermediary posts between the post of conductor and ticket examiner (checker). In the Rules of 1959 there were no intermediary posts mentioned above but they were inserted by the Rules of 1976. The grievance petition was withdrawn on the statement of the counsel for the respondent that if the appellants preferred representation, the same would be recommended. Accordingly, the appellants made representations Exhs. P. 10 and P. 11 but getting no response brought the present grievance petition. Since the matter is yet under consideration of the competent authority, it could not be said that the second grievance notice and the grievance petition were time-barred. So far as present grievance petition is concerned, it was withdrawn by the consent of both the parties on the understanding that the matter would be considered departmentally.
3. The objection of the learned lower Court that letters of appointment were not produced by the appellants has little force firstly because the same are definitely with the respondent and the learned lower Court, if it wanted to peruse it, could direct the respondent to bring the same and secondly the point for decision was whether the rules of 1959 or of 1976 would apply. Such a point could be resolved without looking into the appointment letters.
4. The learned lower Court has said that promotion is not a right. This is true but one has a right to be at least considered for promotion. Whenever any vacancy in the higher post arises, the senior most persons are entitled to be considered for the same although it is the function of the employer to decide if the employees are eligible and fit for promotion.
5. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for decision on merits. Case remanded.