Law:

Section:

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.Os. 1(b), 2 & 12(3)---Termination of service---Permanent status of workman, determination of---Workers had claimed that they were appointed in the year 2004 without any order in writing---Worker remained firm in their stand that no appointment letter was issued to them and their employment was permanent---Cross-examination of the employer's witness had shaken the case of employer before the Labour Court---Employer had signed some papers at the time of appointment of the workers, without supplying copy of the same to them---Employer, tried to use the said papers at the time of termination of services of the workers, which was not warranted by law---Under Standing Order 2 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 the employer was bound to issue tickets to every workman employed in the Establishment according to their status---Once it was established that the employer had not issued such tickets, effect of such non-issuance would be borne by the employer; as it was the duty to issue such tickets imposed on the employer by law---Social Security Contribution paid by the employer for more than a period of two years had clearly and unambiguously established that the job on which workers were appointed, was a permanent job and lasted for more than two years---Workers, in view of the definition of "Permanent Workman" as given by Standing Order 1 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were permanent workman; and were entitled for termination letter with explicit reason as provided under Standing Order 12(3) of Order, 1968. District Manager SRTC v. Nooruddin 1999 PLC 493; Messrs Samkar Tamiraat (Pvt.) Ltd. v. Muhammad Hussain 2008 PLC 72; Nooruddin and 11 others v. Abdul Waheed PLD 1997 Kar. 6; Haji Riyaz Ahmed Mir v. Brig. Retd. Ch. Muhammad Sharif PLD 2003 Kar. 45; Pakistan v. Public-at-Large PLD 1987 SC 304; 1993 PLC 192; 1979 PLC 207; 2000 YLR 1669; 2011 PLC 623 and 2005 SCMR 100 distinguished. Executive Engineer Central Civil Division Pak PWD Quetta v. Abdul Aziz and others PLD 1996 SC 610; Secretary Irrigation…

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