TALIB HUSSAIN Versus DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE

This is an appeal directed against the decision dated 12‑12‑1987 recorded by learned Presiding Officer Punjab Labour Court No.2, Lahore, whereby the grievance petition of the appellants was partly accepted and the respondents were directed to give pay of the post of Train Clerks to the appellants from the date they were called upon to perform duties on the said post.

2. The substantive posts of the appellants Nos.l to 4 are Pointmen and of appellants Nos. 5 to 9 Cabinmen and of the remaining as Shunting Porters. They, about five years ago were made to work as Train Clerks. The appellants on the basis of a notification Exh. P.l claimed to be regularised and confirmed as Train Clerks and be given salary of the said post alongwith the arrears and increments. The remaining prayers have been disallowed by the learned lower Court on the ground that they were never regularly promoted and that they cannot be promoted unless they undergo, specific course of training. Whatever relief the Court could allow should have been allowed. This is true that direction of promotion cannot be passed as it is the function of the employer but the Courts are competent to direct that the employees be considered for promotion under rules and subject to seniority. I accordingly accepting the appeal modify the order of the learned lower Court and direct that the appellants be considered for promotion in order of seniority and in accordance with the rules.

A. E. /504/ Lb. P Appeal accepted.