DECISION ' The appellant was working with the Rice Export Corporation and was posted at Pakistan National Produce Co., Shaheed Allah Bux, Shikarpur. An occasion arose for promotion and he was not considered when somebody junior to him was promoted in the position of Mechanical Supervisor.
The appellant had sent the due notice and not being satisfied with the reply presented an application under section 25-A of the I.R.O.
2. Some of the respondents had remained ex parte but there was written statement from one of them. The petition came to be dismissed by the Labour Court and an appeal has been preferred here.
3. The short point in this petition is whether it was open to the appellant to present a petition before the Labour Court on the ground that though he was senior his claims had been ignored and juniors had superseded him.
4. I am afraid the only ground under which a petition is competent under section 25-A, I.R.O. Is if somebody has been denied his right under the law, an award or settlement. That is not the situation here. To urge that the person who has been preferred over him was not fit enough to be considered and it was a case of nepotism is not enough. Promotion cannot be claimed as of right.
The whole effort was misconceived. The petition was not warranted in law and had been properly dismissed by the Labour Court.