This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking to quash the judgment dated 13-9-1989 of the Punjab Labour Appellate Tribunal, Lahore, whereby the order dated 29-5-1989 of the Punjab Labour Court No. 3, Lahore, rejecting the application of Muhammad Nazir respondent No. 4 under section 25-A of the Industrial Relations Ordinance, 1969, for consideration of his case for promotion against the post of Mistri, was set aside.
2. Briefly, the facts are that the Pakistan Railways, Carriage and Wagon Shop, Moghalpura, Lahore, fixed a quota of literate and illiterate persons to be promoted to the posts of Mistris from the posts of skilled fitters. In order to. provide incentive of promotion to the illiterate skilled staff who are otherwise considered suitable for the posts of Mistris in view of their skill, age-long experience, hard work and devotion to duty, but cannot be promoted as such for want of capability of writing and reading, a decision was taken by the Railways Authorities that such persons he made eligible for promotion to the posts of Mistris against 33% of the posts in their respective groups/trades regardless of their educational qualifications, subject to their suitability and understanding of drawings. This policy direction is contained in letter No. 831-E/332-II (E-Policy), dated 13-9-1980, from the Chief Personnel Officer to DSW/Moghalpura and others; a photo copy of which has been placed on record by Ch. Fazal-e-Hussain, the learned Senior Legal Advisor of Railways.
3. The dispute in this case is as to who is fit and eligible to be promoted to the post of Mistri as illiterate person. The Punjab Labour Court No. 3, Lahore, by order dated 29-5-1989, upheld the promotion of the petitioner as Mistri against the quota of illiterate persons and rejected the grievance petition of respondent No. 4. On appeal, the Punjab Labour Appellate Tribunal, Lahore, vide judgment dated 13-9-1989 set aside the order of the Labour Court holding that respondent No. 4 was illiterate person and was entitled to be considered for promotion as such. Consequently, the Railways Authorities were directed to consider the case of respondent No. 4 separately for his promotion to the post of fitter mistry from the quota of illiterate persons, in that, the petitioner was found to be literate person and as such not eligible to be considered against that vacancy. It was further observed in the impugned order that in case respondent No. 4 was not found fit, the petitioner would continue.
4. The sole question which requires consideration in this case is whether the petitioner or respondent No. 4 is eligible to be promoted against the present vacancy of fitter mistri against the quota of illiterate persons. The petitioner and respondent No. 4 are present in Court. The petitioner has frankly stated before this Court that he studied up to Class 10th, but could not appear in the Matriculation examination. Respondent No. 4 has also stated before this Court that he studied up to Class 8th but he could not qualify the Middle Standard examination. This being so, in view of the statements of the parties, none of them could be considered as illiterate person for filling the vacancy reserved for illiterate persons. In the circumstances, the impugned order dated 25-5-1989 of the Punjab Labour Court No. 3, Lahore, and the order dated 13-9-1989 of the Punjab Labour Appellate Tribunal, Lahore, are declared as without lawful authority and of no legal effect.
5. The result is that the case is remanded to the Works Manager (Carriage and Wagon), Pakistan Railways, Moghalpura, Lahore, who will reconsider the whole case afresh in the light of the latest instructions of the Railways Department on the subject and in accordance with law. With these observations, the writ petition stands disposed of, but there shall be no order as to costs.