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Appeal No. 261 of 1984, decided on 12th July, 1984.
‑‑‑Ss. 25‑A & 38(3)‑‑Guaranteed right‑‑Railway workman allotted residential accommodation as out‑of‑turn allotment by General Manager‑ Divisional Superintendent issuing notice for vacation‑‑No order of cancel lation of allotment by General Manager‑‑Labour Court accepting grievance petition against notice issued by Divisional Superintendent‑‑Contention that there was no right guaranteed in favour of workman, in circum stances, rejected and on basis of allotment order passed by General Manager workman was entitled to retain residential quarter hence Labour Court's order upheld by Appellate Tribunal.
Ch. Muhammad Yousaf for Appellant.
Nemo for Respondent.
Date of hearing: 9th July, 1984.
The appeal captioned above arises from the decision, dated 30‑4‑1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, whereby the grievance petition of the respondent was accepted.
2. The respondent is S.T.E., at Rawalpindi. He applied for the allotment of Quarter No. 59‑A. It was allotted to him with the approval of the General Manager as out‑of‑turn allotment. Thereafter, one Mr. 2ia‑ul‑Haq (Divisional Superintendent) issued a notice Exh. R.1 of vacation of the quarter on the plea that it was allotted for six months. Except in Exh. R.1 nowhere either in the recommendations made to the General Manager or in the order of the said authority or in the allotment order there is mention of the fact that the allotment was for six months. Since the allotment was not for any fixed period, the respondent could not be asked to vacate the quarter till the allotment had been cancelled for good reasons by the competent authority. The Divisional Superin tendent was not competent as he did not allot the quarter to the respondent. There is no order of the General Manager for the cancellation of allotment. It is, therefore, wrong to say that there is no right guaranteed in favour of the respondent. On the basis of the allotment order Exh. P.3 passed by the General Manager, the respondent is entitled to retain the quarter and notice Exh. R.1 is of no legal value. The learned lower Court has rightly accepted the grievance petition of the respondent and his order in unexceptional.
3. As a result the appeal fails and is dismissed ex parte.
A. E.
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