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1989 PLC 358

MEHAR DIN vs GENERAL MANAGER, HYE SONS SUGAR MILLS LTD. and another

Citation1989 PLC 358
CourtLabour Appellate Tribunal
Case No.Appeal No, R.Y. Khan-318 of 1987
Date1987-10-06
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

ORDER

1. ' This is an appeal challenging the decision dated 12-9-1987 recorded by learned Presiding Officer, Punjab Labour Court No,8, Bahawalpur whereby the grievance petition of the appellant was accepted and Haji Ahmad respondent No,2 was reverted. The grievance of the appellant is that he was not directed to be confirmed against the vacancy while directing the reversion of respondent No,2. The position taken by respondent No,1 before the learned lower Court was that before promoting Haji Ahmed respondent No,2 against the permanent vacancy the appellant was considered but was not found fit. The learned lower Court has not accepted this version and has held that the appellant was not considered. This being so, now respondent No,1 has to consider the appellant for being confirmed on the post of Seasonal Assistant Centrifugal Mate. It is not the function of the Labour Court to consider any employee for being fit for promotion or confirmation.

2. First of all the employer has to decide the fact. Respondent No,1 has been directed by the learned lower Court to make fresh appointment in accordance with the Office order 8-3-1986, the appellant, therefore, may try his luck before the respondent No,1 He has no grievance to challenge the impugned order. The appeal therefore, is dismissed in limine.

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