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Appeal No. FD‑639 of 1981. decided on 22nd February. 1982.
‑‑Incapacitated worker‑Absorption of‑Cannot be absorbed if no post vacant for which declared fit‑Gangman of Pakistan Railways considered unfit for B‑1 and fit only for C‑II on account of vision test and approved for post of Gang Cooly‑Vacancy of Mali Cooli becoming vacant but some one else appointed‑Incapacitated workers, in circumstances, held, had a right to be posted against vacancy of Mali Cooly‑Labour Appellate Tribunal directing accordingly‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38(3).
Muhammad Anwar Lodhi, Representative, for Appellant.
Muhammad Sharif for Respondent.
The facts of the case giving rise to this appeal are that the appellant was a Gangman but on account of vision test was considered unfit for B‑1 and fit for C‑II. He was approved for the post of Gang Cooly and as there was no vacancy he was not posted. Vacancy of Mali Cooly fell vacant in Chiniot but the same was not offered to the appellant and instead one Khan who was before that Sweeper was tem porarily appointed who as yet has not been confirmed. Since the post o1 Mali Cooly had fallen vacant appellant had a right to be posted on the said post and Khan Muhammad who was working as Sweeper had no right to be given that post. Of cource if there is no vacancy an incapacitated person cannot be absorbed. In these circumstances I accept the appeal and setting aside order of the lower Court direct that the appel lant be posted on the post of Mali Cooly at Chiniot and Khan Muhammad be given some equivalent post if vacant and if for the present there is no such post he may be accommodated if and when it is possible, without prejudice to others.
A. E.
Appeal accepted.
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