Decision of the learned Labour Court, Faisalabad, having gone against Jaffar Ali on 26-11-1992), he has come up in appeal to this forum, following being briefly the facts of the case:-
2. On retirement of Fazal Ahmad, Head Clerk, Town Committee, Samundri, District Faisalabad, Muhammad Azhar Iqbal, respondent No. 2, was promoted in his place, and Jaffar Ali challenged the order, and his grievance petition was accepted on 30-9-1990 (Exh. P. 1) by Mr. Ghulam Sarwar Sheikh, Presiding Officer, Punjab Labour Court No. 4, Faisalabad. Again, however, Muhammad Azhar Iqbal was given preference by Municipal Authorities over Jaffar Ali, in the matter of promotion; and Jaffar Ali, once again, on 12-3-1991, filed a grievance petition under section 25-A, Industrial Relations Ordinance, 1969, which, as already said, was disallowed on 26-11-1992 by Pir Akhtar Hussain Bodla, Presiding Officer of the said Court. According to Jaffar Ali, he was senior to Muhammad Azhar Iqbal, having been recruited as clerk on 11-2-1981, the latter having been appointed in the same capacity afterwards on 14-12-1982. It is also averred by him that although he was a Matriculate, and Azhar Iqbal was F.Sc., yet the said factor will not weigh against him, as it is a case of promotion and not initial-recruitment. He being senior-most and having unblemished record should -have-been given preference over Azhar Iqbal, being at No. 1 and the latter being at No. 3, one Muhammad Jamil falling in-- between. It is also submitted by the appellant that he has been ignored owing to political considerations, but in evidence nothing has been said in that regard. Jaffar Ali has made his statement as P.W. 1 on 7-10-1991, and has deposed that he had served for 17 years as Clerk in the Army, adding that during the whole service span he was never served with any charge-sheet or show-cause notice, nor was any disciplinary action taken against him, nor was he made to face inquiry on any count. While cross-examining him, learned counsel for Muhammad Azhar, respondent No. 2, has elicited from him admission as regards the Municipality being not an industry or commercial organisation, nor a factory, and Municipal Rules being applicable to service of the employees of the municipality. It is not denied by Jaffar Ali that even his opponent had been appointed against a permanent Post and that he is not engaged exclusively in a manual work. It is also conceded by Jaffar Iqbal that he had not filed any departmental appeal with the Deputy Commissioner, who was also competent to hear such an appeal. He had done his Matriculation in 1962 in third division. Muhammad Azhar Iqbal had been promoted as Head Clerk, on as back as 16-6-1988, since when he has been performing his duties satisfactorily, it is not disputed.
3. I have seen the order dated 30-9-1990, passed by Mr. Ghulam Sarwar Sheikh, who then presided over Punjab Labour Court No. 4, at Faisalabad. It has been observed therein that promotion is not a guaranteed or secured right of a worker, who, however, has a right to be considered for promotion, when it is due. Jaffar Ali had been ignored, according to the learned Labour Court, in a fanciful and perfunctory manner, and had, in fact, never been considered for promotion, which order, therefore, could not be clothed with legality and must be taken to be unsustainable in law. Vide order dated 30-9-1990 the learned Labour Court directed that the post of "Head Clerk" be filled in strictly in accordance with the rules and established principles and not in a whimsical or arbitrary way.
4. Jaffar Ali thereupon was considered by the Board, and by a resolution regularly passed on 9-1- 1991, Jaffar Ali, Muhammad Jamil, as also Muhammad Azhar Iqbal, were all considered, and it was resolved that Muhammad Azhar Iqbal suited as Head Clerk in all respects, as since 14-2-1982 as Clerk and since 16-6-1988 as Head Clerk his performance had been absolutely up to the mark. The learned Presiding Officer of the Labour Court, who subsequently rendered the decision on 26-11- 1992, concurred with the competent Authority in that regard, and came to the conclusion that the municipal resolution dared 9-1-1991, endorsing appointment of Azhar Iqbal as Head Clerk, was in every respect in order. Earlier, on 30-9-1990, the learned Presiding Officer of the Labour Court had given the opinion that Jaffar Ali had probably not been considered for promotion as Head Clerk and that he had a right to be considered, although he could not insist upon his promotion, which was not his vested right.
5. Here I would differ with the view expressed in the impugned order dated 26-11-1992 that Jaffar Ali, or, for that matter, Muhammad Azhar Iqbal, was to be treated as a worker. I would overrule this opinion and will E stick to my own opinion, which is to the effect that Jaffar Ali could not claim protection of Labour Laws, by invoking the jurisdiction of the Labour Court, and normal course open for him to agitate against Azhar Iqbal's promotion, as Head Clerk, was a departmental appeal, which right he should have exercised in the. Anyhow, it is, open to the competent Authority to condone the delay and ignore the the spent by Jaffar Ali in having agitated his rights twice before the Labour Court, successfully for the first the, and unsuccessfully on the second occasion.
6. Finding no force in the present appeal, I would dismiss it, with costs.