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Petitioner: PUNJAB ROAD TRANSPORT CORPORATION VS Respondent: ABDUL SHAKOOR
1988 P L C 504
1988 P L C 504
[Labour Appellate Tribunal Punjab]
Present: Sardar Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal
PUNJAB ROAD TRANSPORT CORPORATION and others
Versus
ABDUL SHAKOOR and others
Appeals Nos. BR‑365 Rd 367 of 1987, decided on 8th December, 1987.
Punjab Road Transport Service Rules, 1976‑ ‑‑.‑Industrial Relations Ordinance (XXIII of 1969), Ss.25‑A & 38(3)‑‑ Traffic cadre‑‑Post of Assistant Depot Superintendent and Ticket Examiner belonging to traffic cadre by virtue of Rules of 1976‑ Promotions made to post of Ticket Examiner from Assistant Depot Superintendents after promulgation of Rules of 1976‑‑Reversion made on plea that post of Assistant Depot Superintendent did not belong to traffic cadre before Rules of 1976, held, was rightly set aside by Labour Court.
Sharnshir lqbal Chughtai for Appellants.
Rana‑Muhammad Yaqoob for Respondents.
Date of hearing: 5th December, 1987.
JUDGMENT
The orders dated 8‑10‑1987 recorded by the learned Presiding Officer, Punjab Labour Court No.8, Bahawalpur have been challenged in the two appeals captioned above.
2. As law points and to a greater extent the facts of both the cases are common, therefore, both the appeals are being disposed of together through this single judgment.
3. The only difference is that Abdul Shakoor, respondent, was employed as a booking clerk whereas Ghulam Abbas, respondent, was initially recruited as a conductor. Ghulam Abbas was promoted to the post of Assistant Depot Superintendent (A.D.S.) from the post of booking clerk and both the respondents were further promoted to the post of ticket examiner from the post of A.D.S. They were reverted to the post of A.D.S. on the plea of implementing the decision dated 22‑1‑1978 of learned Punjab Labour Court No.1, Lahore. Learned counsel for the appellant ‑has argued that since the post of A.D.S. did not belong to traffic cadre' before the Rules of 1976, therefore, the respondents were wrongly promoted as ticket examiner and were rightly reverted to the post of A. D.S. The argument is wrong. Both the respondents were promoted to the post of ticket examiner in 1979 i.e. much after the promulgation of the Rules of A 1976. Since according to the Rules of 1976, the post of A.D.S. belongs to‑traffic cadre, the respondents were promoted to the post of ticket examiner not from any ex‑cadre post and thus their reversion orders were wrong and have been rightly set aside by the learned lower Court. The respondents were neither flit by the settlement of 1969 nor by the decision dated 22‑1‑1978 of the learned Punjab Labour Court No.l, Lahore.
4. As a result, both the appeals fail and are dismissed.
A.E./470/Lb.P Appeals dismissed.