Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) Ss.2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i). S. Os.12(3) & 15(3) Termination of service Service of employee ,earlier was terminated, but order of termination was set aside by Labour Court ordering reinstatement of the employee Service of employee again was terminated on ground of unauthorised absence from duty from the date she was ordered to be reinstated Order of Labour Court with regard to reinstatement of employee was a direction addressed to the employer who in normal circumstances should have informed the employee as to when and what place and which roster employee was to join duty after reinstatement Employer did not issue any formal order in the light of the decision of the Labour Court requiring the employee to join her duties In absence of such order, employee was not supposed to resume duties of her own accord Employee, in circumstances, had not remained absent after date of resumption of her duties Order terminating service of employee was illegal. (b) Industrial Relations Ordinance (XXIII of 1969) Ss.2(xxviii) & 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of' 1968), S.2(i), S.Os.12(3) & 15(3) Termination of service Grievance petition, maintainability of Grievance petition by employee against termination of service was resisted by employer contending that same was not maintainable as less than twenty workmen were employed in employer establishment Employer failed to prove his contention whereas employee by producing oral as well as documentary evidence had proved that more than twenty workmen were employed in the establishment Employee, in circumstances, was a "workman" and grievance petition filed against termination order was maintainable Even if West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was not applicable, a workman still fell within the definition, of S.2(xxviii) of Industrial Relations Ordinance; 1969 and was entitled to invoke S.25 A of that Ordinance to bring a grievance in respect of any right guaranteed or secured…

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