This petition under section 25-A of Industrial Relations Ordinance, 1969 has been filed by Hazrat Usman, Mechanic, Sugar Mills, Serai Naurang against Project Manager, Faqir Muhammad and Zardullah, Mechanics whereby he has prayed for the cancellation of the order BSM/PF/5596 and BSM/PF/5591, dated 18th April, 1975 of respondent No. 1 promoting Faqir Muhammad and Zardullah, Mechanics to the post of Foreman with the pay scale of Rs. 600-25-800 per month. The petitioner's allegations tire that he being senior to respondents 2 and 3 and having clean service record should have been Promoted as Foreman in preference to respondents 2 and 3 who are junior to him and their service record is also not good. Before filling the petition, a Grievance Notice Exh. P.W. -- was also given by the petitioner to the Project Manager, but his prayer for promotion was rejected.
2. All the respondents contested the petition and then parties were directed to produce evidence.
On 23December, 1976 when parties' evidence was being recorded, it transpired that the two respondents Faqir Muhammad and Zardullah against whom the present petition was filed had left the Sugar Mills. Therefore, Labour Officer S. M. Latif was directed to consult his Manager as to whether the petitioner could be promoted as Foreman because the two respondents' had left the employment and the Labour Officer prayed for the time to consult his Manager. The case was, therefore, adjourned to 10January, 1977. On that day Labour Officer asked for more time to consult his Manager which was accordingly granted and case was adjourned to 21st January, 1977, Labour Officer absented and case was adjourned for today. After going through the record I have come to the conclusion that petitioner can now be promoted as Foreman because two respondents Zardullah and Faqir Muhammad have left their posts and the petitioner can easily be promoted tord th one of the posts. S. M. Latif, Labour Officer admitted in the cross-examination that Faqir Muhammad, respondent No. 2 has resigned from service and Mr. Zardullah respondent No. 3 has been transferred to Larkana Sugar Mills. It seems to bean intransigent behaviour of the Management now not to promote the petitioner when the two respondents have left the service and the posts are vacant. The conduct of the Labour Officer in not getting any direction from the Manager and finally absenting himself is self-explanatory and I am of the opinion that petitioner is not being given his legitimate right of his promotion as Foreman. The petitioner was posted as Mechanic in Sugar Mills, Naurang on 4October, 1965 whereas the two respondents who have since left the Sugar Mills were first appointed on 21st November, 1965 and 26th Novem--ber 1965, i.e., after about one month of the appointment of the petitioner. Nothing has been brought on the record by the Management to show that petitioner's record of service was not clear. On the contrary it appears that the service record of the two respondents Faqir Muhammad and Zardullah was not clean. S. M. Latif, Labour Officer admitted in the cross-examination that Faqir Muhammad, respondent was asked to submit his explanation for assaulting Mr. Awal Khan, Petrol Pump Incharge and Mr. Zardullah remained absent from duty from 20th October, 1974 to 1st January, 1975 without leave. He also admitted that there were some complaints against Zardullah by the workers and that Zardullah executed bond in the Court for keeping good behaviour. Nothing objectionable was stated by the Labour Officer against the Petitioner. The petitioner being senior to Respondents 2 and 3 and having good service record is entitled to be promoted as Foreman and now when the two respondents have left the Sugar Mills petitioner right to be promoted as Foreman is proved to the hilt. I, therefore, accept the petition of Hazrat Usman, set aside the impugned order and direct the Management to promote him as Foreman. Two copies of the judgment be sent to Secre--tary, Labour, Government of North-West Frontier Province, as required under section 37 (2) of the Ordinance.