This is a petition under section 38(5) of the Industrial Relations Ordinance, 1969 for proceeding against the respondents for Contempt of Court. The petitioner was directed to be reinstated with back benefits relating to his promotion and grades etc. The grievance of the petitioner is that he has not been promoted and thus the order of the learned Labour Court, dated 2-10-1978 has not been complied with. It is not urged in the petition that a vacancy has arisen and an employee junior to him has been promoted. Promotion is not a right. The employees have only this right that they be considered for promotion. If there is a vacancy, the petitioner should first apply to the respondents for being considered for promotion and in case he is not considered, he may have a grievance. If he is considered but is wrongly found unfit, he may challenge the order if so advised but in those circumstances also a contempt petition would not lie.
2. As a result, the petition is dismissed A. E.
Petition dismissed