MUHAMMAD AKRAM Versus D.S., RAILWAYS

ORDER

1. This order shall dispose of Writ Petitions Nos. 11699 of 1992, 11700, 11701, 11702 and 11703 of 1992 as common questions of law and facts are involved in these cases. The petitioners who were working as Vanporters, were rendered surplus w.e.f 31st of January, 1978 on the abolition of their category. They agitated this matter and ultimately Punjab Labour Appellate Tribunal, Lahore, through a compromise dated 30th of November, 1981 disposed of the matter with the observations that the petitioners shall be absorbed against alternate posts. It was agreed that the 15 persons of the category of petitioners would be absorbed as gangman in order of seniority and in future 25% of the vacancies of gangman would be filled from their category. It was further agreed that Vanporters, who were middle pass and satisfied the rules and regulations of appointment as Pointsmen/Gatemen would be absorbed against such posts and the intervening period would be treated as leave without pay. This order was passed on the 30th November, 1981. In pursuance to this order certain Vanporters complied with the agreement while the petitioners started making representation to seek posting of their own choice. The matter was even taken before the Wafaqi Mohtasib where they failed to get any order in their favour. Thereafter through notices issued in October/December, 1987 they were intimated that on account of their absence from duty for a continuous period of 5 years they ceased to be railway employees w.e.f. 31st October, 1983. The petitioners filed the grievance petitions under section 25‑A of the Industrial Relations Ordinance, 1969. The Punjab Labour Court through order dated 7‑5‑1991 dismissed the grievance petitions. Petitioners filed respective appeals before the Punjab Labour Appellate Tribunal which too were dismissed through a consolidated order dated 4‑8‑1991. Hence this Constitutional petition.

2. I have heard the learned counsel for the petitioners for some time. The petitioners' posts were abolished as far back as on 31st of January, 1978. They filed petition under section 25‑A in the Punjab Labour Court No. 1, Lahore, which was accepted on 4‑8‑1979. However, on the appeals filed by the Railway Administration, the Punjab Labour Appellate Tribunal disposed of the matter on a compromise reached at between the parties. This order is dated 30th November, 1981 but the petitioners instead of joining the duties as agreed did not accept the alternate posts in accordance with the agreement. The Railway Administration accordingly, was left with no choice but to issue them notices under FR‑18. The petitioners have remained absent from their duties after the abolition of their posts w.e.f. 31st of October, 1978 and even if the period of absence is counted from November, 1981 when the compromise was reached at before the Punjab Appellate Tribunal even then they have remained absent for more than 5 years at the time of issuance of notices in the year 1987. Learned counsel for the petitioners has failed to point out any jurisdictional defect. Resultantly, I do not find any force in these writ petitions and dismiss the same in limine.

3. H.B.T./M‑865/L Petitions dismissed.