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Appeals Nos. LHR‑563 and 564 of 1985, decided on 23rd October, 1985.
‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition‑‑Order impugned revised‑ Labour Court, in circumstances, justified in filing grievance petition leaving petitioner to challenge revised order if so advised with different grounds of attack.
Asmat Kamal for Appellant. Date of hearing: 19th October, 1985.
The two appeals captioned above challenge the orders dated 18‑6‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No.l, Lahore, whereby the grievance petitions of the appellants were filed. As the point involved in the two appeals is common, both the appeals are being disposed of together through this single judgment.
2. The appellants were conductors and were promoted to the post of T.E. On account of reduction of 80 posts of senior ticket examiners and ticket examiners the appellants were reverted to their substantive posts, vide order dated 13‑12‑1981. The appellants challenged the said orders of reversion in their petitions under section 25‑A. On 29‑5‑1985 the respondent revised its order, dated 13‑12‑1981 by implementing this Court's order whereby the order of the learned Presiding Officer, Punjab Labour Court No.l, Lahore was confirmed. As the order, dated 13‑12‑1981 of the respondent which was challenged by the appellants in their grievance petitioner was revised, the learned lower Court filed their grievance petitions, leaving them to challenge the order dated 29‑5‑1985, if so advised.
3. It has been argued by the learned counsel for the appellants that since no change had been brought about in. the previous order, dated 13‑12‑1981 and the appellants stood reverted, their grievance ptitions were wrongly filed by the learned lower court. The argument has no force. The appellants were reverted by the order, dated 13‑12‑1981 on account of reduction of 80% posts of senior ticket examiners and ticket examiners, but now they stand reverted by a different order, which has been passed by way of implementing the order of learned Punjab Labour Court No.l, Lahore. The ground of attack, if any, will be totally different. In these circumstances, the learned lower Court was justified in filing the grievance petitions of the appellants.
A. E.
Order accordingly.
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