DECISION The appellant and one Abdul Razzaq had been employed by the respondents in the year 1975.
Abdul Razzaq had earned Grade-VII of pay by order dated 26-10-1989 while the appellant found himself in Pay Scale No. VI. He had, therefore, made a representation which came to be rejected. He had thereupon sent a grievance notice which did not bear any fruit. He had then filed the petition before the Labour Court. .
2. The Labour Court No. IV, Karachi dismissed the petition holding- that it was time-barred and otherwise too the claim was not based on right, settlement, or award.
3. I do not agree with the finding in regard to the time-bar because it was a mere representation canvassing his case to be put on par with that of Abdul Razzaq. And if the limitation were to be computed from the date of rejection of the representation which was 24-12-1990, the grievance notice being-sent on 13-1-1991 and the petition being filed on 18-3-1991 the question of time-bar does not arise.
4. However, I am afraid there is no substance in the appeal on merit. The appellant had started his career in 1975 as a Helper while Abdul Razzaq had joined as a welder. While working as welder in Grade-II Abdul Razzaq had put in 5-1/2 years' service while on the showing of the appellant himself he had been there only for 3 years, and that had made all the difference.
5. Muhammad Ayub Ali Khan, an Assistant Manager of the respondents, who has appeared as a witness, had stated that "Abdul Razzaq had changed his trade specialty after serving 5-1/2 years as helper, therefore, the comparison of both is unreasonable".
6. Be that as it may, the question of promotion and pay scale as presented was misconceived and cannot be the subject-matter of a grievance petition under section 25-A of the I.R.O. Not being based on any right, settlement or award.
7. I will, therefore, dismiss the appeal.