DECISION ' This is an appeal against the order, dated 13-10-1988, passed by Sindh Labour Court No,VII, Sukkur whereby the grievance petition filed by the respondent was dismissed.
2. The case of the appellant, in brief, is that one Muneer Ahmed, respondent was junior to him but he was promoted as Assistant Store Keeper on 10-5-1985, whereas appellant was not considered.
He served the grievance notice upon the employer on 8-10-1983 which was rejected on 16-10-1985.
He, thereafter filed Grievance Petition No,84 of 1985 before Labour Court which was withdrawn on 1- 3-1988. Then he filed present grievance petition on 3-3-1988.
3. I have heard Mr. Shabbir Ahmed Awan, learned Advocate for the appellant and Mr. Mushtaq Ahmed Shaikh, learned Advocate for respondent No,3 whereas none was present for respondents Nos.1 and 2. I have also gone through the record and proceedings of the case.
4. Mr. Shabbir Ahmed Awan submitted that in his first grievance petition the appellant had asked for promotion which was not a guaranteed right, therefore, he withdrew grievance petition and filed present one in which main prayer was that he should be considered for promotion, which is his right in view of his seniority vis-a-vis respondent Muneer Ahmed. From this statement of Mr. Shabbir Ahmed Awan it would be clear that what the appellant prays is for the enforcement of his right to be considered for promotion, though he conceded that promotion is not vested right. Thus grievance of the petitioner is that he was not considered for promotion while Muneer Ahmed was promoted. Only one grievance notice was given by him to respondent which is Annexure 'E' and which is dated 8-10-1985. In, this grievance notice the grievance, that he was not considered for promotion, was not brought to the notice of the employer. In that grievance notice he only prayed, that order of promotion of Muneer Ahmed be cancelled and he should be promoted as he was senior to Muneer Ahmed. A bare reading of the grievance notice would show that the grievance that appellant wants now to be redressed was not brought to the notice of the employer as required under section 25-A and as such grievance petition was not maintainable. Under the circumstances the appeal is dismissed as the grievance petition was not maintainable.