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Appeal No. LHR‑227 of 1981/Pb., decided on 13th December, 1982

Industrial dispute‑‑ '

---Retrenchment due to re‑organisation‑Incumbent of retrenched post‑Absorption against other post not previously held‑Discretion of employer-Cannot be claimed as a right‑Grievance petition with such claim, held, rightly rejected‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38.

Bakhtiar Ali Sial for Appellant.

Mirza Azhar Baig, for Respondent.

Date of hearing : 1st December, 1982.

This appeal emanates from the decision dated 4‑4‑1981 passed by the learned Presiding Officer, Labour Court No. 1, Lahore, whereby the grievance petition of the appellant for his reinstatement in service was dismissed.

The appellant was recruited as office assistant in the respondent establishment on 13‑3‑1.976. He was on 28‑5‑1979 made to officiate as office Secretary drawing pay of his substantive post of office assistant. He was promoted as office superintendent on 10‑7‑1979 in grade No. 6. He was transferred to Karachi on 3‑9‑1980 on the same post. By way of reorgani zation and economy certain posts including the post of office superin tendent were abolished resulting in the termination of the services of the appellant. This actuated the appellant to come to the Labour Court. The other posts which were retrenched were the four posts of office assistants. The post of office assistant previously, held by the appellant was not filled in after his promotion as office superintendent and remained vacant and was abolished. This is nobody's case that any one post of office assistants was retained. If any one of those posts had been retained and the appellant had been the senior most office assistant he could have claimed to be reverted as office assistant. His Contention that there were two other posts and he could have been adjusted against any one of them is not tenable. He did not hold any such post so has no right to be posed against any one of them. It was the discretion of the respondent to adjust him on any other post which he did hold but he cannot as of right claim it. If an A employee has been promoted from a lower post duly then he is entitled to be reverted to the said post when the post to which he was promoted is abolished.

In the above discussed circumstances the services of the appellant were rightly terminated and his grievance petition rightly dismissed. There is no force in this appeal and the same therefore is dismissed.

Appeal dismissed.

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