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Appeal No LHR‑405 of 1980, decided on 28th November, 1982.

Industrial dispute‑--

--‑‑Reversion to lower rank‑Punishment‑Cannot be made without show‑cause and inquiry‑Clerk of Punjab Road Transport Board . reverted as fuel pump attendant purportedly due ' to becoming surplus and for absorption‑No such reason mentioned . in reversion order‑Impugned order ' in circumstances, held, rightly struck down as illegal by Labour Court‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38.

Sh. Aftab Ahmad for. Appellant

Nemo for Respondent.

Date of hearing : 14th November, 1982.

In this appeal the decision dated 20‑3‑80 passed by the learned Presiding Officer, Labour Court No. 5, Faisalabad has been challenged, whereby the respondent was directed to be re‑instated in service as junior clerk with back benefits.

2. The respondent was Junior Clerk in the Punjab Road Transport Board and was reverted to the post of fuel pump attendant and transferred to Islamabad. He challenged the said order on the ground that he being direct appointee as Junior Clerk could not be reverted to the post of fuel pump attendant and that his reversion was punishment and since he was not charge-sheeted and no inquiry held against him the reversion was illegal.

3. It has been argued by the learned counsel for the appellant that the respondent had become surplus therefore instead of being terminated was given alternative post of fuel pump attendant. This argument is no tenable inasmuch as it i: not mentioned in the order of reversion that he had become surplus, there is no other document on ‑ the record R suggesting that the respondent had become surplus. The order of reversion was therefore illegal and was rightly struck down by the learned lower Court.

Nobody appeared on behalf of the respondent on 14‑11‑82, therefore] he was proceeded ex parte.

As a result of observation made above I dismiss the appeal ex parte.

Appeal dismissed.

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