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 partly accepted and setting aside the promotion of respondent No,2 Mriaved Aslam respondent No,1 was directed to make fresh appointment in accordance with the office order dated 8-3-1986. The office order referred to above reads as under:- "All the promotion and permanent cares of the workers whether as a result of agreement with the union (CBA) or otherwise shall be decided purely on seniority, efficiency and fitness basis. This principle should be adhered to strictly, while promoting and making the workers permanent."
The grievance of the appellant is that the learned lower Court did not direct the respondent No,1 to confirm him as seasonal clerk. This is the function of the employer to consider whether an employee is fit for promotion or fit for being confirmed against a permanent vacancy. This is not the function of the Labour Court. The learned lower Court has directed respondent No,1 to make fresh appointment in accordance with the office order dated 8-3-1986. The appellant, therefore, may try his luck before the employer and if he satisfies the employer he may be confirmed against a permanent vacancy. The appellant cannot have any grievance to challenge the impugned order.
2. As a result the appeal fails and is dismissed in limine.