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1986 PLC 483

FAZAL ELAHI And 19 Other vs PAKISTAN RAILWAYS And 2 Others

Citation1986 PLC 483
CourtLabour Appellate Tribunal
Case No.Appeal No. LHR-8 of 1984
Date1984-12-11
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

The appeal captioned above is directed against the decision, dated 16-11-1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, dismissing the grievance petition of the appellants for their confirmation.

2. The appellants are trouble shooters working for more than 20 years. On the basis of Exit. P. 8 they claimed to be confirmed alongwith the posts. This is true that direction was issued vide Exh. P. 8 to confirm the workers working for more than three years, but the case of the appellants is different.

Vide Exh. P. 3 the post of trouble shooter was declared as 'diminishing category, meaning thereby that on the retirement or otherwise of the present incumbents, the vacancies shall not be filed in and instead the vacant posts will be abolished. If the posts are confirmed, Bxh. P. 3 will become redundant because the employees serving an the lower posts will claim promotion to the posts of trouble shooters, which is against the spirit of Exh. P.

3. When the post is not permanent and belongs to diminishing category, no question of the appellants being confirmed against the said posts arises. Exh. P. 8 also provides that where the persons cannot be, for some reasons, confirmed, they be given all the benefits of confirmed employees. Learned counsel for the appellants has himself said that rights of confirmed employees have been given to the appellants. Since the maximum benefits, which the appellants could get by virtue of Exh. P. 8, are being given to the appellants, they cannot claim more than that.

3. As a result, the appeal fails and is dismissed.

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