' This is an appeal arising from the decision dated 10-6-1987 recorded by the learned Presiding Officer, Punjab Labour Court No, 1, Lahore, whereby the grievance petition of the respondent has been accepted setting aside the order of reversion.
2. The respondent was promoted as Ticket Examiner on 17-2-1986 and vide order dated 28-4-1986 he was reverted to his substantive post on the ground that the order of promotion was bad in law, inasmuch as the ban imposed by the Government on promotions was effective. The imposition of ban is' an admitted fact. R.W.-1 in cross-examination stated that although the letter Exh.R-1 containing the ban had not been withdrawn, yet the action against the letter and the spirit of the said letter was being taken under the orders of the Minister and the Government in individual cases. By this admission made by R.W.-1 it is clear that the ban is being observed in some cases and ignored in others. This is objectionable and shows that the ban imposing authority is no more particular about the ban. The simple reason that the respondent was promoted against the ban without the order of the Minister or the Government cannot.Be a ground for the withdrawal of the order of promotion or for reverting the respondent to his original post. The promotion no doubt is not a right but when one has been promoted, he gets a vested right which can be refused by good reasons. If the ban had been acted upon in every case, of course the order of reversion may have been justified since it was recorded before the period of probation had expired, but since as deposed by R.W.-1, action was being taken against the letters and spirit of the ban under the orders of the Minister or the Government, it is clear that the ban has lost its legal force. In these circumstances, the learned lower Court was justified in setting aside the order of reversion of the respondent.