' The appeal captioned above is directed against the decision dated 18-2-1988 recorded by learned Presiding Officer, Punjab Labour Court No, 5, Sargodha whereby the grievance petition of the appellant for being considered for promotion has been dismissed on the ground that he did not establish that he was the senior most.
2. The facts of the case are that respondents Nos. 1 and 2 appointed respondent No, 3 namely Khalid Mahmood son of Mushtaq Ahmed as Sanitary Supervisor directly without considering the Sanitary Workers for promotion. The appellant bases his right on a settlement dated 10-12-1980 copy of which is Exh. P.
2. The learned lower Court has accepted the settlement but the only ground as mentioned above is that the appellant did not prove himself as the senior most. In the written statements no express plea was taken about the seniority of the appellant. In these circumstances if the learned lower Court was particular to give decision on the point it should have afforded an opportunity to the appellant to produce evidence. Since this has not been done the appellant has been prejudiced.
3. As a result the appeal is accepted and setting aside the impugned decision the case is remanded for re-decision after inviting evidence from both the parties on the point of seniority. If the parties wish to produce any other evidence, it will be in the jurisdiction of the learned lower Court to consider the prayer. The parties are directed to appear before the learned lower Court on 13-4-1988.