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Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S. 2(i) & S.O. 1(b)---Industrial Relations Act (XIX of 2010), Ss.33 & 47---"Permanent workman"---Status---Determination---Grievance petition---Employee who in the first instance was appointed as driver, voluntarily resigned and was relieved of his duties---Employee again approached the employer and requested for re-appointment---Vacancy of driver was available, but he was appointed as Sanitary Worker and was performing the duties of driver throughout and paid salary of the Sanitary Worker---Grievance petition filed by the employee was allowed with direction to the employers to consider the petitioner as a regular employee---Employee, after second appointment had throughout been working as a driver, his work and conduct had been very good and the post of the driver had all along been available---Employee had been performing the duties of a driver and the post of driver all along had been vacant, employee, in circumstances would be deemed to be employed as a driver and his employment in view of his continuous service for more than the mandatory period would be deemed to be permanent---In absence of any flaw or infirmity in the impugned order of Labour Court same was upheld. Abdul Razzaq Rajab for Appellants. Altaf Hussain Qureshi for Respondent. Date of hearing: 17th February, 2011. JUDGMENT ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- The appellant has challenged the order dated 12-4-2010 passed by the learned Presiding Officer, Punjab Labour Court No.5, Sargodha whereby the grievance petition filed by the respondent was allowed. 2. The facts of the case briefly are that the respondent was appointed in the first instance as a driver with the appellant establishment w.e.f. 3-1-2005. He, however, voluntarily resigned and was relieved of his duties on 20-6-2007. He again came to the appellant and requested for re-appointment. Although the vacancy of a driver was available nevertheless he was appointed as a sanitary worker but had been performing the duties of a "driver" throughout and is being paid salary of the sanitary worker. 3. He filed the grievance petition before the learned…

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