Law:

Section:

(a)West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)­- ---S. O. 12(3)----Termination of service---Requirement: Written order stating reasons-Communication of such order to workman concerned necessary-Termination of service by means of office note without communication to workman, held, violative of S. O. 12(3) and liable to be set aside-Workman, in circumstances, re-instated with back benefits-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. JUDGMENT This is an appeal against the order dated 28-10-1974 of the Junior Labour Court, Rawalpindi, whereby the said learned Court dismissed the petition filed by Faiz Muhammad appellant an employee of the respondent under section 25-A of the Industrial Relations Ordinance, 1969. 2. The appellant was employed as workman by the respondent Associated Cement Works, Wah Cantt, Wah on 23-7-1974. He was terminated on 18-8-1974 on the ground that his brother Niaz Ahmad was already in the respondent's employment and that according to a decision taken in consultation with the workers' Union two or more members of the same family could not be employed. The appellant filed an application under section 25-A of the 1. R. O. 1969 before the learned lower Court seeking his re-instatement and challenging the validity of the order of his termination on the ground that no written order stating reasons for his termination was made by the respondent and that persons junior t :) him were still in the respondent's employment and further that his termination was based on mala fides. 3. The respondent resisted the appellant's petition and pleaded that the appellant was a temporary employee. He was recruited on the condition that in case it was found that his other brother was already employed then he would be terminated. In the appellant's case it transpired that his brother Niaz Ahmad was already employed with the respondent and therefore the appellant was terminated in accordance with the condition of his employment. 4. Faiz Mohammad appellant appeared as his own witness before the learned trial Court while Zakauddin Ishrat Personnel Officer of the respondent testified on behalf of the…

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