| Citation(s) |
|---|
| 2016 SLG 655 2016 SLD 655 2016 PLC 22 |
Sindh High Court
C.P. No. D-2241 of 2015, decided on 19th August, 2015. Date of hearing: 12th August, 2015.
AFTAB AHMED GORAR AND SHAHNAWAZ TARIQ, JJ
Syed Zafar Ali Shah for Petitioner.
C.P. No. D-2241 of 2015, decided on 19th August, 2015. Date of hearing: 12th August, 2015.
AFTAB AHMED GORAR AND SHAHNAWAZ TARIQ, JJ
Syed Zafar Ali Shah for Petitioner.
ALI SHAR
VS
PROVINCE OF SINDH through Sec Labour Department, Sindh and 5 others
Law:
Section:
(a) Industrial dispute--- ----Bank employee---Dismissal from service---Grievance application, filing of---Forum---Jurisdiction of National Industrial Relations Commission---Scope---Employer (Bank) being a trans-provincial establishment, employee could seek remedy by filing appropriate proceedings before National Industrial Relations Commission. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 1(b), 2(c) & 12(3)----Contractual service, termination of---Permanent status of workman, determination of---Contractual worker who remained in continuous service for 24 years, employers could not terminate his service verbally---Unblemished continuous contractual service of employee without any discontinuity and registration with SESSI, strengthened the plea that service of petitioner was of a permanent nature and employer were bound to regularize service of such employee---Services of a temporary workman can be terminated or dispensed with without assigning any reason when it was found that either work for which he was employed had been completed or that post for which he was employed was no longer required to be continued---Uninterrupted service of about 24 years could not be said to be a temporary one---Undoubtedly, employers, in the present case, had not issued any letter in favour of employee as a permanent workman during his service, but considering permanent nature of service of employee, employers were bound to issue a written letter for termination of his service along with payment of one month's salary at the time of termination, which had not been done--- Constitutional Petition of employee was dismissed in limine, however, he was at liberty to file appropriate proceedings before the competent forum for redressal of his grievance within 21 days after passing of present order and limitation will not come in the way. ORDER SHAHNAWAZ TARIQ, J.--- Through the captioned Constitution petition, petitioner Ali Sher Manganhar has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, and has prayed for the following reliefs:- "(A) To direct the…
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