Find a Lawyer

Case No. 106/139 of 1985, decided on 12th October, 1985.

‑‑‑S. 4‑‑Implementation of judgment of Tribunal‑‑Administrative Secretary passing order on file to examine and consider possibility of absorbing appellant against particular post in pursuance of judgment of Tribunal‑‑Tribunal summoning file of Department and finding that order passed by Administrative Secretary in pursuance of earlier judgment not implemented and matter disposed of at level of Deputy Secretary‑ Tribunal, in circumstances, directing Administrative Secretary to get his orders implemented.

Masud Ahmad Riaz for Appellant.

Haroon‑ur‑Rashid Cheema, District Attorney for Respondents.

Hazir Hussain Hashmi, Shop Assistant (Electrical) Government Vocational Institute, Jauharabad had made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Director Manpower and Training Labour Department, Punjab, Lahore and the Secretary to Government of the Punjab, Labour Department as respondents.

2. By virtue of this appeal, the appellant had prayed that the impugned order, dated 23‑12‑1982 and the final order, dated 10‑12‑1984/30‑1‑1985 be set aside and appellant be re‑instated in service as Junior Trade Instructor in N.P.S. 14 w.e.f. 23‑12‑1982 with full back benefits of pay and allowances, etc.

3. Brief facts of the case are that the appellant came in Appeal No. 169/158 of 1983 before this Tribunal, wherein a judgment was given on 13‑9‑1983. The operative para. 8 of the judgment is as follows:‑

"The upshot of the above discussion is that the appeal of the appellant is accepted. The appellant is directed to be continuing in service as Shop Assistant (Electrical) w.e.f. 23‑12‑1982, the date of reversion of the appellant from the post of Junior Trade Instructor (Electrical), with full back benefits. The Secretary, Government of the Punjab, Labour Department is also directed to examine and scrutinize the reversion case of the appellant from the post of Junior Trade Instructor (Electrical) in N.P.S. 14, so that no injustice is done with the appellant."

Consequently the first part of the judgment was duly implemented by the respondents, however, as far as the direction to examine and scrutinize the reversion case of appellant from the post of Junior Trade Instructor (Electrical) N.P.S. 14 is concerned, the case of the appellant was considered and his appeal was rejected by the Government of Punjab, Labour Department. The Director Manpower and Training, Punjab, Lahore conveyed the same to the Principal, Government Vocational Institute (Boys), Jauharabad vide his letter, dated 10‑12‑1984 (Annexure 'M'). Hence this appeal.

4. It has been argued by the learned counsel for the appellant that the appellant was selected as Trade Instructor /Junior Trade Instructor (Electrical) in N.P.S. 14 on merits, on his selection by the Selection Committee. The post was advertised and the appellant appeared alongwith other candidates before the Committee and consequent upon his selection he was appointed as direct recruit. He has submitted that his services were terminated arbitrarily whereas persons who were junior to him have been retained in service.

5. This case already came before the Punjab Service Tribunal in Case No. 169/158 of 1983 and judgment was delivered on 13‑9‑1983. The operative part of the judgment has already been reproduced in para. 3 of this judgment. The first part of the judgment with regard to re‑instatement of the appellant as Shop Assistant has already been implemented by the Labour Department. As far as the examination and scrutiny of reversion case of the appellant from the post of Junior Trade Instructor (Electrical) in N.P.S. 14 is concerned, the record from the Labour Department was obtained to peruse the action taken by the respondent No. 2. I have carefully gone through the record so produced by the respondent contained in File No. Lab‑IV‑3‑1/83 the personal file of appellant, Hazir Hussain Hashmi. After receipt of judgment from the Punjab Service Tribunal, the appellant submitted representation to the Labour Department for implementation of the judgment and the case has been dealt on the note portion from paras. 53 to 145 of the file. There is no dispute as far as the first part of the judgment is concerned and the appellant was reinstated in service as Shop Assistant in N.P.S. 6. However, as far as second part of the judgment is concerned i.e. for re‑instatement of the appellant in the Post of Junior Trade Instructor (Electrical) in N.P.S. 14, the case has been dealt at file in the note portion mentioned above. In paras 114 to 116 a decision was taken by the Secretary, Labour Department as follows:‑

(Para. 114) Notes at paras 110 to 112 are in compliance with S.L's. minutes at para. 108. In view of the judgment of Punjab Service Tribunal, the D.M.T. may be asked to examine and consider the possibility of absorbing Mr: Hazir Hussain Hashmi as Junior Trade Instructor against any vacancy of a likely vacancy.

Sd/‑

D.S.A.

27‑9‑1984.

S/L (Para. 115) Please speak.

Sd/‑

Secretary Labour

27‑9‑1984.

DSA

(Para. 116) Discussed. S/L has approved the proposal at 114/n.

Sd/‑

D.S.A.

31‑19‑1984.

SOIV

After that the above orders of the Secretary, were conveyed to D.M.T. but the orders of the Secretary, Labour Department were not implemented by him and the Deputy Secretary (Admn) vide para. 133 passed the following orders:‑

(Para. 133) "The D.M.T. may now be asked to furnish reply relating to the latest position of Mr. Hashmi before the P.S.T. and peruse the case. S.L. is not to be bothered at this stage when this case has become subjudice."

Sd/‑

D.S.A.

18‑11‑1984.

The record shows; that after that the file was never put up before the Secretary, Labour Department regarding implementation of his order approved vide paras. 114/116(noting) mentioned above and the appeal of the appellant was rejected by the Deputy Secretary (Admn) himself which is clear from the note portion, paras. 142 and 143:‑

(Para. 142) The case would come up for hearing in the Tribunal on 13‑12‑1984. If the comments received from the Directorate are approved, we may direct the Litigation Officer of the Directorate to file the same in the Punjab Service TPibunal on the due date. However, before passing over the comments so approved, we may reject the claim of Mr. Hazir Hussain Hashmi for the post of Junior Trade Instructor (Electrical) as in D.F.A."

Sd/‑

U.S. (Lab/IV)

3‑12‑1984.

DSA

(Para. 143) As amended over leaf.

Sd/‑

D.S.A.

3‑12‑1984

U.S.IV

After approval of the D.S.A., the appeal of the appellant was rejected by Government of the Punjab, Labour Department vide their order, dated 3‑12‑1984 addressed to the Director Manpower Training as follows:‑

"The appeal of Mr. Hazir Hussain Hashmi, Shop Assistant, Government Vocational Institute, for Boys, Jauharabad, for his re‑appointment as Junior Trade/Trade Instructor (Elect.) has been examined and is rejected. He may be informed accordingly."

The Deputy Secretary (Administration) was not competent to reject the appeal of the appellant contrary to the orders passed by Secretary, Labour Department in paras. 114 and 116(noting) without the approval of the Secretary, Labour Department when the Deputy Secretary (A.) had himself closed the file vide para. 133 of note portion that the case was subjudice and Secretary Labour Department was not to be bothered in this case. Thus, the appeal of the appellant has been rejected incompetently and in contravention to the orders of the Secretary Labour passed per paras. 114 N/116 (noting), which still stand.

6. The result of the above analysis of the case is that the following orders of the Secretary Labour still stand and have not been implemented so far. The order approved by the Secretary, to Government of the Punjab, Labour Department as per paras. 114 (noting)/116 (noting) are reproduced again for elucidation:‑

"Notes at paras. 110 to 112 are in compliance with S.L's. minutes at para. 108. In view of the judgment of Punjab Service Tribunal, the D.M.T. may be asked to examine and consider the possibility of absorbing Mr. Hazir Hussain Hashmi as Junior Trade Instructor against any vacancy or a likely vacancy."

The Secretary, Government of the Punjab, Labour Department is directed to get his above orders implemented without any delay.

There are no orders as to costs.

A. E.

Orders accordingly.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.