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1986 P L C 1092
[Labour Appellate Tribunal Punjab]
Present: Muhammad Abdul Ghafoor Khan Lodhi
Appellate Tribunal
PUNJAB ROAD TRANSPORT CORPORATION
versus
KAMAL DIN
Appeal No. LHR‑633 of 1985, decided on 21st January, 1986
‑‑‑Ss. 25‑A & 38(3)‑‑Reversion to lower post to make room for seniors in pursuance of Court's order‑‑Junior persons retained‑‑Grievance petition against reversion, held, was rightly accepted by Labour Court directing payment of difference of pay.
Mian Shamsul Haque for Appellant.
Ch. Khalid Farooq for Respondent.
Date of hearing: 14th January, 1986
The decision dated 9‑10‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged, whereby accepting the grievance petition of the respondent his reversion order was set aside and he was directed to be reposted as Time Checker with effect from 15‑1‑1983 and to pay him difference of pay.
2. Vide order Exh.P.6 the appellant reverted the respondent from the post of Time Checker to the post of Conductor on the ground that 11 petitioners of 25‑A Petition No. 527 of 1978 were to be promoted and he was the junior most conductor. It has been argued that since the respondent was junior to many Time‑Checkers so he was rightly reverted. The decision of Petition No. 527 of 1978 was that the persons directly appointed or taken in service from ex‑cadre as TEs and STEs should be respectively terminated and reverted and the vacancies be filled in from the subordinate cadre by cent per cent promotions. Admittedly at the time the respondent was reverted three time‑checkers junior to him such as the one mentioned at serial Nos.55, 57 and 70 in the seniority list Exh.R.W.‑1/A were junior to the respondent but, it A was not shown that they had been reverted. Since there were two junior clerks to the respondent, he could not be legally reverted to make room for the eleven petitioners of Case No. 527 of 1978. Even a Conductor the respondent was senior to many such as Azam, Iqbal and Maqsood Ahmad. Only the reversion of the juniors of the respondent. if further reversion was necessary could be made. Since it was not shown that his juniors had been reverted prior‑‑to him, the learned lower Court rightly directed his reposting as Time‑Checker with effect from 15‑1‑1983 with payment of difference of pay.
3. As a result, the appeal being without any substance .s dismissed.
A. E.
Appeal dismissed.
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