Law: Sindh Industrial Relations Act, 2013

Section: 34,48

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 12

Sindh Industrial Relations Act (XXIX of 2013)--- ----Ss. 34 & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12---Termination of services---Grievance application---Services of the employee, along with several other workers having been terminated on the ground that their services were "no longer required", all workers including the employee filed grievance application---Labour Court by a common reinstated workers with 75% back benefits, except six workers, including the employee; whose application was dismissed on the ground that after withdrawing his legal dues deposited in his Bank account gradually, he ceased to be an "aggrieved person"---Said amount of legal dues, was deposited in account of the employee after termination of his services---Gradual withdrawal of said amount by the employee to sustain his life during unemployment, would not amount to waiver so as to estop him from challenging his unlawful termination---Labour Court as well as Tribunal were required to pass just and proper orders with regard to appropriate relief to be given to the employee; which could not be limited only to reinstatement, but would include award of compensation in lieu of reinstatement---Labour Court or Tribunal, was not handicapped to award compensation in lieu of reinstatement, if that be the just and proper order in the circumstance of the case---Employee as per his own claim, served for four years only---Award of lump sum reasonable compensation of Rs.300,000, in lieu of reinstatement was given to him---Employer, was directed to deposit said amount within 30 days. General Manager National Radio Telecommunication Corporation v. Muhammad Aslam 1992 SCMR 2169 ref. THIS JUDGMENT DELIVERED BY: ALI SAIN DINO METLO, MEMBER:---.--- The appellant, a machine operator, has challenged judgment dated 22nd October 2011 of the Sindh Labour Court No.II, Karachi, dismissing his Application No.66/2008 for reinstatement in service. 2. Briefly, the facts are that services of the appellant and several other workers working in the factory of the respondent No.01 were terminated by the respondent No.02, a contractor, on 24th May 2008 on the ground…

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