DECISION ' This appeal arises from order of the 5th Sindh Labour Court, Karachi, dismissing the grievance petition of the appellant under section 25-A of the I.R.O., 1969 that he was not being considered for promotion, move-over etc. In the Agricultural Development Bank of Pakistan.
2. The facts in brief are that the appellant had joined the Bank in 1973 as Stenotypist. By gradual promotions he rose to the post of Extra-Assistant Director posted in Audit Department in 1985. The appellant in that capacity was drawing the salary of Rs,6,625 per month. His duties were supervisory and managerial in nature and he had Bank staff working under him. The appellant belonged to officers category and the appellant has not been able to prove that he was a workman governed by Standing Orders Ordinance and the I.R.O. Since his work was not of clerical or manual nature the learned Labour Court held that the appellant had not discharged his burden by proving that he was a workman. Since the burden was on him to prove it as held in the Supreme Court decision in 1993 PLJ page 221 and decision of Sindh High Court 1989 PLC page 309.
3. As an officer in the Bank a show-cause notice had been issued to the appellant in 1990 for commission of forgery in the Bank record. He was not therefore, considered fit for promotion.
4. Even if he had been a workman, he could bring his grievance for not being considered for promotion under section 25-A of the I.R.O. As it is not a right guaranteed or secured under any law or award or entitlement.
3. I find the judgment of the Labour Court to be reasonable and proper and can see no ground for interference. The decision of the Lower Court is, therefore, maintained and this appeal is dismissed: