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

Section: 12(3)

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Sched., S.O 12(3)--- Permanent employee---Dismissal without assigning reasons---Back benefits, entitlement to---Appellant's services were terminated without assigning any reason whatsoever, which termination was found illegal by the Labour Court as well as by the Labour Appellate Tribunal---In terms of Standing Order 12(3) of the Schedule to the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the services of a permanent employee could be terminated only by giving explicit reasons---Supreme Court ordered payment of back benefits to the appellant for the intervening period between his date of termination and date of his reinstatement in service. Muhammad Ashraf Tiwana v. Pakistan and others 2013 SCMR 1159 and Pakistan v. Public at Large PLD 1987 SC 304 ref. (b) Industrial dispute--- ----Reinstatement in service---Back benefits---Employer obtaining consent from employee to forgo back benefits as a condition for reinstatement---Practice of obtaining such consent from employee was deprecated by the Supreme Court. Ikram Bari and 52 others v. NBP 2005 SCMR 100 ref. 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. The termination was challenged by the appellant before the Punjab Labour Court No.6, Rawalpindi. The Labour Court vide order dated 15.7.1991, ordered reinstatement of the appellant. The…

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