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Appeal No. 27 of 1976, decided on 30th March 1976.
---S. 25-A-Confirmation-Driver of Pakistan Railways, claiming nation in accordance with Award of Industrial Court providing for confirmation of an employee working against permanent vacancy after completion of one year's probation-Petitioner found to be working as Driver, Grade III on temporary basis-Held, cannot claim confirmation in pursuance of Award of Court.
Sh. Abdul Ghafoor for Appellant.
Agha Taj Muhammad for respondent.
Muhammad Nawaz, appellant driver Grade-III of Loco Shed, Pakistan Railways, Lahore, filed application under section 25-A of the Industrial Relations Ordinance, 1969, before the Junior Labour Court No. 1, Lahore, against the respondent seeking a direction to the effect that he be confirmed as Driver, Grade-III, in accordance with the Award given by the learned Chairman, Industrial Court, Central Zone, Lahore, on 13th January 1966, in Industrial Dispute No. 73 of 1964. According to the applicant he was entitled to be confirmed after service of one year. He contended that he passed all the required examinations and he was working as Driver, Grade-III, continuously since 2nd October 1969 but has not been confirmed as, yet. The respondent resisted the application and pleaded inter alia that the appellant was appointed against the temporary vacancy in the year 1973 and according to the Award only that employee could be confirmed after completion of one year probation who was working against the permanent vacancy.
2. The petitioner examined himself as his own witness before the learned lower Court and also produced Manzoor Ahmad, U. D. C. of Headquarters Office. In rebuttal Munir-ud-Din, U. D. C. of ACME Section was examined by the respondent. Relevant documentary evidence and photo copy Exh. RWI/12 of the Award given in Industrial Dispute No. 73 of 1966 have also been produced by the parties.
3. After considering the parties' evidence the learned lower Court concluded that 18 Drivers, Grade-III, senior to the appellant had yet to be confirmed. His turn for promotion has not yet come and he was promoted as Driver Grade-III, on temporary basis In the circumstances no merit was found in his application which was consequently dismissed by the learned lower Court by its order, dated 16th December 1975.
4. The said order has been impugned through the present appeal.
5. The promotion order of the appellant is Exh. RW-I/I, dated 3rd September 1971. According to this order the appellant was appointed to officiate as Driver, Grade-III, temporary till farther orders.
6. I have carefully gone through the Award, photocopy whereof is Exh. PW I/12. According to this Award it was directed that a workman working continuously against the substantive post for one year should be immediately confirmed on the completion of one year service subject to certain other conditions mentioned in the Award.
7. As already stated the appellant was promoted on temporary basis and not against a substantive post. In the circumstances he cannot claim to be confirmed in pursuance of the Award of the Court.
8. In this view of the matter we find no force in this appeal which is accordingly dismissed while the impugned order is upheld.
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