Law: Constitution of Pakistan, 1973

Section: 185(2)(3)

Constitution of Pakistan, 1973-- ----Arts. 185(2) & (3)--State Life Employees (Service) Regulations 1973, Regulation 22(1)(A)--West Pakistan (I&C) Standing Ordinance, 1968, S. 12(3)--Termination without assigning reasons--Reinstatement by labour Court--Concurrent findings--Entitlement to back benefits--Labour Court reinstated employee with all back benefits--Labour appellate tribunal dismissed appeal of employer/corporation--High Court dismissed claim of employer/corporation but denied employee back benefits--Challenge to--Employee contended that since his termination had been declared illegal, therefore he is entitled to back benefits--Validity--Supreme Court held that appointment of employee was confirmed--Employee's services were terminated without assigning any reason, which termination was found illegal--Regulation 22(1)(a) of Regulations 1973 relied by employer/corporation for employee's termination without assigning any reason has been rightly held by appellate tribunal to be against provisions of Standing Order 1--In terms of Standing Order 1968, a person who has satisfactorily completed probation period of 90 days, and is employed against a permanent post likely to last for more than nine months, becomes a permanent employee, services of permanent employee can be terminated only by giving explicit reasons--Back Benefits Granted--Appeal Allowed. THIS ORDER PASSED BY: MAQBOOL BAQAR, JUSTICE:---.--- The appellant, through the instant appeal, has assailed the judgment dated 11.1.2012, whereby a learned Single of the Lahore High Court, has allowed the writ petition filed by the respondent-Corporation, challenging the order dated 15.7.1991, whereby Punjab Labour Appellate Tribunal, Lahore dismissed in limine the respondent-Corporation's appeal against the judgment of the Punjab Labour Court, in terms whereof the present appellant was ordered to be re-instated to his post in the respondent-Corporation, who was appointed as Junior Office Assistant on 30.10.1989, and was in terms of Office Order No. P G/PO/ 187/90 dated 21.6.1990 (page 80 of the paper book) confirmed as such, was through letter dated 28.11.1990 terminated, without assigning any reason.…

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