' This is an appeal against the decision dated 9-10-1977 of Punjab Labour Court No.9, Multan.
2. Ikhtiar-ul-Hasan, appellant was appointed as a Telephone Operator with effect from 1-12-1966 vide Memorandum No.22/A/PT /I, dated 6-12-1966 by the Divisional Engineer, Telegraphs, Quetta Division, Quetta. Afterwards he was appointed as Telephone Operator/Officiating Reputor Station Assistant and was posted at Khuzdar Carrier, Quetta vide Memorandum No.E-54/275, dated 1-12- 1966. In actual fact he worked there as a Technician Carrier since the date of his appointment, but he was paid salary of Telephone Operator. The posts of Technician and Reputor Station Assistant were of one and the same cadre. On 19-8-1969 a letter was issued to him by the Chief Engineer, Staff and Establishment T T, Karachi for fixation of pay of certain categories of the Telephone and Telegraph Staff on their appointment as Telecom. Techinician as under:- " Sanction of the president and C.M.L.A is hereby accorded to the fixation of pay of Telephone Inspectors, Mistries, Telephone Operators and holders of other posts carrying Special Pay, on their appointment as T/Technician in the relevant scale of pay, in accordance with F-R-22(a)(i), treating their Special Pays, as a special case, as part of their substantive pay.
' This issues with the concurrence of the Ministry of Finance (Regulations Wing) vide their U.O.No.1429-R 5/69, dated 14-7-1969."
3. In 1972 the appellant was transferred to Rahim Yar Khan as a Technician. He was neither given any relief under the aforementioned letter nor he was absorbed as a Technician though he was working as such vide letter, dated 28-3-1974. Ghufranullah and Muhammad Ishaq, who were junior to him, were absorbed as Technicians with effect from 1-6-1969. The appellant was absorbed as Technician with effect from 1-6-1969 vide letter, dated 23-4-1975, but the same was cancelled on the objection of the Audit Party vide letter, dated 15-5-1974. Thereafter, correspondence ensued between the appellant and the respondents as he had made representations. Vide letter, dated 29-3-1977 the appellant was given the grade of technician with effect from 1-12-1976. On 19-4-1977 he served a grievance notice claiming that he should have been given that grade with effect from 1-12-1966. Thereafter, he filed a petition under section 25-A of Industrial Relations Ordinance, 1969 claiming following reliefs:--
(1) That grade of technician be given to him with effect from 1-12-1966.
(2) That pay and seniority be fixed accordingly and that arrears of pay be also given to him.
4. The learned Labour Court dismissed the petition summarily without recording any evidence on the ground that the reliefs claimed did not amount to an actionable grievance.
5. Aggrieved by the above decision, Ikhtiar-ul-Hasan, appellant has preferred this appeal.
6. I am afraid I cannot agree with the finding of the learned Labour Court on the ground that a right was guaranteed and secured to the appellant under letter, dated 19-8-1969, the details of which are already mentioned in the earlier part of this judgment. In view of the above, the petition filed by the appellant under section 25-A was maintainable.
7. I, accordingly, accept the appeal, set aside the decision of the Labour Court and remand the case back for decision on merits. Since the appellant has now been transferred to Faisalabad, it will be deemed proper if the case is remand d back to Labour Court for decision on merits at Faisalabad. The case is, accordingly, remanded to Punjab Labour Court No.5, Faisalabad for decision on merits.