Law:

Section:

Sindh Industrial Relations Act (XXIX of 2013)--- ----Ss. 34 & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(b), S.O.1(a)(6)(g) & 12(3)---Termination of service---Grievance application-Services of the employee, appointed as 'waiter' in a club, were terminated on the ground that period of his temporary employment was over---Grievance application, filed by the employee against termination of his service was dismissed by the Labour Court--- Validity---Grievance application, was dismissed on the ground that provisions of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, did not apply to the employer club---Normally, in a club, work of 'waiter' was of permanent nature---Employer club did not claim that the employee was appointed on any project of "temporary nature, likely to be finished within a period not exceeding nine months"---Employee having been appointed against a permanent post on which he served for more than two and half years, was a permanent workman, his services could not be terminated on the ground that the period of his contract was over---Club had not asserted that the post, against which the employee was appointed had been abolished---Employer club was a big establishment having more than 400 employees---Employee, could not be treatd4 as a `contract worker', because his remuneration, was not to be calculated on "piece rate basis"---Even the letter of contract, showed that the employee was appointed on 'salary basis' and not on "piece rate basis"---Expressions "service no more required", "found surplus" and "termination of temporary service", were not explicit reasons for the action taken, as required by S.0.12(3) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Termination of services of the employee, being wrongful, could not be sustained---Claim of the employee, supported by his statement on oath, that after termination of his service, he could not employ himself' gainfully and remained jobless, had not been rebutted by the employer club by proving positively that he was gainfully employed---Impugned order was set aside, grievance application was…

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