Law:

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Industrial Relations Ordinance (XXIII of 1969) S.25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. Os. I(b)(e), 12 & 14 Removal from service Employee was removed from service, but Labour Court setting aside removal order ordered his reinstatement and order of Labour Court was upheld by Labour Appellate Tribunal Employee after about one month of his reinstatement was again removed from service without any explicit reason and he filed grievance petition against the said removal -Employers in their written statement had alleged' that employee was a temporary workman and he having become surplus, was removed from service by way of bona fide retrenchment Employee from the date of his initial appointment until removal of his service for the second time continuously remained in service for about five years Both Labour Court and Labour Appellate Tribunal had recognized the status of employee to be of permanent workman and employers had not been able to prove that during all such period employee was in their service as a temporary contract employee Employee, in circumstances, was proved to be a permanent employee and his grievance petition was maintainable Almost all the retrenched employees were re instated in service, except the employee who was singled out by the employers for mala fide reason Order of reinstatement of employee passed by Labour Court was maintained by Appellate Tribunal in circumstances. Faisal Ghani for Appellants AND Ashraf Hussain Rizvi for Respondent. Date of hearing: 6th February, 2001. DECISION Aggrieved by the order dated 26 11 1999 of Sindh Labour Court No.VI Hyderabad, Zeal Pak Cement Factory, Hyderabad, hereinafter referred to as Appellant Factory has filed this appeal. The factual back-ground of this case may briefly be stated as fallows. The respondent Ghulam Habib entered service of the Appellant Factory as helper on 29th June, 1991. He performed his duties almost to the satisfaction of his superiors yet he was illegally removed from service on 29th October, 1994. His grievance petition filed against the said removal was allowed and he was directed to be reinstated with payment of…

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