This is an appeal directed against the decision dated 12-4-1987 recorded by learned Presiding Officer, Punjab Labour Court No,2, Lahore whereby the grievance petition of the respondent was accepted ex parte and the respondent was directed to be confirmed against the post of A.T.S.K., the post already occupied by him.
2. The facts of the case are that the respondent was a Compositor and due to some eye trouble the Doctor recommended light duty whereupon according to the case of the respondent he was posted as A.T.S.K. Muhammad Iqbal and Sh.Sohail were promoted as Assistant Section Holders. The respondent, therefore, after the service of grievance notice brought grievance petition claiming as the two persons mentioned above were junior to him, and were matriculate whereas he was F.A. and thus was wrongly ignored. His prayer was that he be confirmed on the post of A.T.S.K. On the service of grievance notice the respondent was reverted to the post of Compositor. It has been argued by the learned counsel for the appellant that the respondent was never posted as A.T.S.K., therefore, he could not claim confirmation against that post. May it be so but since there was no material before the learned lower Court to the effect that the respondent had not been posted as A.T.S.K., the said Court had no other alternative but to believe the unrebutted statement of the respondent. I do not find any force in the argument that since no appointment order was produced before the learned lower Court, the grievance petition of the respondent should not have been accepted ex parte. The oral statement of the petitioner which had not been controverted can be believed if the Court is satisfied. The remedy for the appellant was to apply for setting aside the ex parte decision if notice of the case was not served or if there arc other cogent reasons.