DECISION ' Heard Mr. S.P. Lodhi for the appellants.
' There are two similar appeals arising from the order of the Fourth Sindh Labour Court, Karachi, whereby the grievance petition of Shafi Muhammad and Syed Ikramuddin were dismissed on the plea that when all the vacant posts in R.E.C.P. Were abolished the question of any, promotion did not arise.
2. It is the case of the appellants that they were working as Field Assistant and Technical helper in the Rice Export Corporation Port Qasim. That under the terms, and conditions of their service the promotion posts of Technical helper and Laboratory Attendant in the Rice Export Corporation were reserved for them in the ratio of 60% and 40% respectively, but the Rice Export Corporation invited the application from general cadres and filled one vacant post from outside. The appellants then filed their grievance petitions with their contention that the promotions were to be made departmentally at the ratio fixed. No practical benefits could be given to the petitioners since the very posts of promotion had been totally abolished.
3. It has been argued by Mr. S.P. Lodhi on behalf of the appellants that under the terms and conditions of their service they are entitled to the post and the question of abolition of these posts should not affect their terms and conditions of service.
4. As a matter of re-organisation the Rice Export Corporation had to abolish the promotion post as being not necessary under the changed circumstances. Nothing can prevent the Corporation from not abolishing the posts, simply because certain members of the staff had to be promoted.
5. Secondly promotion is not a vested right of any employee nor is abolition of the post an industrial dispute. The scope of section 25-A of the I.R.O. Is very much limited and relates only to a dispute which can be termed an industrial dispute under the I.R.O.
6. Under these circumstances the right of promotion which cannot be considered to be an industrial dispute cannot form subject-matter of a grievance under section 25-A of the I.R.O. The Court has no right to create the posts once they are abolished, nor to fill them up by giving promotion to the workers. The appeals are, therefore, summarily dismissed.