| Citation(s) |
|---|
| 2001 SLG 2220 2001 SLD 2220 2001 PLC 497 |
Labour Appellate Tribunal, N.W.F.P.
Appeal No.56 of 1999, decision dated: 16-03-2001
JUSTICE SARDAR MUHAMMAD RAZA, CHAIRMAN
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Appeal No.56 of 1999, decision dated: 16-03-2001
JUSTICE SARDAR MUHAMMAD RAZA, CHAIRMAN
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NIAZ HUSSAIN SHAH
VS
DIRECTOR GENERAL, N. W.F.P. EMPLOYEES SOCIAL SECURITY INSTITUTION, PESHAWAR
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) Ss. 1(3)(f), 2(xxviii), 25 A & 37(3) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12 Termination of service Grievance petition, maintainability of -Petitioner was employed as dispenser. in the hospital Petitioner to his grievance petition had alleged that he being a permanent worker, his service had been terminated without notice, without charge sheet and without inquiry Institution maintained for the treatment of care of sick, infirm, destitute and mentally unfit persons, could not be treated as industrial or commercial institution and petitioner could not be treated as a "workman" Industrial Relations Ordinance, 1969, thus, was not applicable to the petitioner Grievance petition was rightly dismissed by Labour Court being not maintainable in circumstances. PLD 1979 Lah. 448 and 1986 SCMR 618 ref. Syed Abdul Manan for Appellant AND Muhammad Ayub Khattak for Respondent. JUDGMENT Niaz Hussain Shah son of Sarwar Shah, a dispenser employed in. Employees Social Security Institution at Haripur has filed this appeal under section 37(3) of Industrial Relations Ordinance, 1969 against the judgment dated 13 5 1999 of Labour Court Haripur whereby his grievance petition under section 25(A) of the I.R.O. has been dismissed and his termination order dated 18 2 1997 was upheld. 2. The grievance of the petitioner was that he being a permanent workman, his services were terminated without notice, without charge sheet and without inquiry. It was pleaded in defence that the appointment of the petitioner being against the prescribed rules and procedure was void ab initio, for, he was appointed under the direction of Minister. That sixty two other employees were similarly removed from service out of whom thirty nine had filed writ petitions before the High Court which were dismissed in limine on 7 7 1997. The plea of respondents prevailed with the trial Court. The main objection raised by the learned counsel for the respondents was that the petitioner was specifically employed as dispenser in the hospital of the institution which does not fall within the definition of industrial…
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