Case Details

Citation(s)
1976 SLG 762 1976 SLD 762 1976 PLC 377
Labour Appellate Tribunal, Punjab
Appeal No. 218 of 1975, decided on 18th July 1975.
RAI ABDUR RAZZAQUE KHAN. PRESIDING OFFICER

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JAVID MAHMOOD

VS

PAKISTAN NATIONAL CENTRE AND ANOTHER

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 2(xiv) and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1958), S. 2(f)---"Industry ­Definition, very wide-Profit motive not relevant-Pakistan National Centre engaged in projecting of ideas leading to object of integration undertaking rendering great service to community at large­. Falls within definition of "industry"---Provisions of Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Com­mercial Employment (Standing Orders) Ordinance, 1968, held, applic­able to Pakistan National Centre. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- ---S. O. 1(b)-Contract of service against law-Void-Employee of Pakistan National Centre giving undertaking that his job was purely temporary-Job lasting for more than 9 months-Employee in circumstances, held, permanent, worker notwithstanding his under taking. (c) Industrial Relations Ordinance (XXIII of 1969)- ----S. 1(3)-Public servant-Every civil servant not necessarily a public servant-Public servants engaged in administration of State only fall out of purview of Ordinance-Government employee employed for welfare of State, held, falls within purview of Ordinance (Case of Employee of Pakistan National Centre). Ch. M. Anwar for Appellant. Muhammad Afzal Siddiqui for Respondent. ORDER This is an appeal preferred against an order dated 22-5-1975 passed by, the learned Presiding Officer, Junior Labour Court, Rawalpindi on a petition for re-instatement filed by the appellant under section 25-A of the Industrial Relations Ordinance, 1969. Petition was rejected. Hence this appeal. Case was not argued on behalf of both the parties. Written arguments were filed on behalf of both the parties. I have perused these arguments and nave gone through the file of the Junior Labour Court, as well as the impugned order. Brief facts necessary for the disposal of this appeal are that the Pakistan ­National Centre established a Section of Public Relations for the financial year 1974-75. A post of Assistant was created alongwith other posts in that section. After a year that section…
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