DECISION ' This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No, VII at Sukkur, dated 10-6-1987, whereby the grievance petition filed by the appellant was dismissed.
2. The facts of the case appear to be that the appellant was removed from service on previous two occasions but he was ordered to be reinstated by the Labour Court or the Tribunal. Third time, by order dated 30-7-1985, the appellant was retrenched from service. He served grievance notice and thereafter filed grievance petiton.
3. I have heard Mr. Shaikh Fazaldin, learned Advocate for the appellant and Mr. S. Abdur Rahman, the learned Counsel for the respondents, and have also gone through the record and proceedings of the case.
4. The main grievance of the appellant's Counsel is that after his retrenchment one Muhammad Yaqoob who, was junior to him, has been reinstated and one Muhammad Qabil has been promoted as Fitter from the post of Helper. In support he has relied on decision of the Tribunal in Appeal No, SUK-49 of 1987, wherein petition of one Biland who also was retrenched by the same order was reinstated on the ground that Yaqoob was junior to him and Muhammad Qabil was promoted as Fitter. However, I find that Mohammad A Qabil as well as Muhammad Yaqoob were parties to that proceeding. In the instant case they have not been made parties and, therefore, no decision can be given as to whether they were junior or senior to the appellant or whether they have been reinstated or promoted after the retrenching of appellant. It will be unjust and unfair specially in view of the decision of appeal of Biland if the appeal of the appellant is dismissed on technical ground that he had not mad those two persons as parties. As such, I set aside the impugned order and remand the case for retrial to the learned Labour Court and direct the appellant to join said Muhammad Qabil and Muhammad Yaqoob as parties to the proceeding. The Labour Court to decide the case afresh on merits unprejudiced by its previous order. It will not preclude the respondents from raising any legal or factual objection.