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1985 PLC 208

Syed LIAQAT ALI vs THE SECRETARY, COMMUNICATION, GOVERNMENT OF

Citation1985 PLC 208
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

' The above captioned appeal arises from the decision, dated 30-4-1984 passed by the learned Presiding Officer, Punjab Labour Court No, 1, Lahore, whereby the grievance petition of the appellant was dismissed.

2. The appellant was a Telegraph Mechanic. A scheme was introduced in 1958 to the effect that the employees who had passed the examination of Technician would be promoted to the post of Technician. The appellant passed the course in 1966 and was thus promoted as Technician. He claims that he be promoted as Technician with effect from 1958 when the scheme was introduced.

The ground given by him is that before 1966 he was not sent to pass the course. The scheme is given in Exh. D.1. It says that mechanics will be deputed to pass the course. Obviously, mechanics are to be deputed in order of seniority and not that a junior will be deputed in preference to senior.

The appellant has failed to show that his juniors were deputed in 1958 and he was not sent. There is also no evidence that he had applied for being deputed but was refused for no sufficient ground.

So, the simple fact that he was not deputed for the course in 1958 is not sufficient to allow him promotion with effect from 1958. His claim thus was rightly refused by the respondent and by the learned lower Court.

3. The other claim of the appellant is that he was promoted as Engineer Supervisor in 1979 but was entitled to be promoted in 1975. He has not filed any seniority list to show that any of his juniors was promoted in preference to him in 1975.

4. The grievance notice given by the appellant was not legal. According to section 25-A, such a notice can be given either by the workman himself or through a shop steward or C.B.A. In the present case, the grievance notice, as is evident from the copy, was given by Mr. Abdul Majid Qureshi, representative. There is no evidence that Mr. Abdul Majid Qureshi was a shop steward. This is noteworthy that the copy on the file does not reveal that the notice sent to the respondent was bearing the signatures of the appellant.

5. The grievance notice and grievance petition were barred by time. He claims promotion as Technician with effect from 1958 and as Engineering Supervisor with effect from 1975 but the grievance notice is, dated as 25-1-1979 and the petition was lodged on 5-4-1979. The learned lower Court thus rightly dismissed the petition.

6. As a result, the appeal having no force is dismissed in limine.

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