Law:

Section:

Industrial Relations Act (IV of 2008)--- ----Ss. 41 & 55---Appeal against acceptance of grievance petition---Scope---Employee whose services were terminated, filed grievance petition against order of his termination; which petition was accepted by the Labour Court---Validity---Labour Court while allowing the grievance petition of the employee had rightly concluded that order of termination was without lawful authority---Counsel for the employers could not point out any illegality in the impugned of the Labour Court, which being based on proper appreciation of evidence available on record did not require any interference by the Labour Appellate Tribunal. JUDGMENT MIAN FASIH-UL-MULK, J.--- The appellants through instant appeal prays for setting aside the impugned judgment dated 15-11-2010 of learned Presiding Officer Labour Court, Peshawar whereby Grievance Petition of respondent Naushad Iqbal, Lineman was accepted and his termination from service was declared as without lawful authority. 2. Brief facts of the case are that respondent was appointed as Assistant Lineman on 2-11-1995 after creation of a post of ALM by the competent authority on sport basis. On disintegration of WAPDA, the employees were given an option and respondent opted to join PESCO. On 6-6-2005, the Services and General Administration Office WAPDA Lahore issued letter dated 6-6-2005 whereby decision of authority was conveyed that all the work charged and contingent staff of WAPDA appointed before 5-2-1989 be converted into regular cadre in 2002 whereas those work charged staff appointed after 5-2-1989 be terminated forthwith. Respondent having rendered about more than 11 years satisfactory service was thus terminated from service, who filed a grievance petition before the Labour Court, which was accepted and appellants being aggrieved of the above decision have now filed instant appeal. 3. I have heard learned counsel for the parties and have also perused the…

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