Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 12(3) - Retrenchment - Expression "an order in writing which shall explicitly state the reason for action taken"-Meaning Management bound to give satisfactory reason self-evident enough to show on fairly conclusive basis that termination was bona fide and unexceptionable-Permanent workman with 8 years, service charge­sheeted for absence without leave and enquiry dropped for want of sufficient evidence to support charge-Service terminated soon after by way of retrenchment-Management in circumstances, held, bound to prove bona fides of retrenchment order-Management failing to prove that retrenchment was decided under competent sanction of mills Management-Permanent job, held, could not be done away unless its non-requirement was self-evident and inevitable due to special circumstances directly proved on record and comprehensively shown in retrenchment order-Termination of service, in circumstances, set aside with full back benefits. Abdul Rehman Qureshi for Petitioner, Ch. Imttaz Ahmad for Respondent ORDER Muhammad Siddiq, ex-Supervisor, Abbasi Textile Mills Limited, Rahimyar Khan, has filed a petiton under section 25-A of the I. R. O. 1969, for his re-instatement by setting aside the order of his termination dated 29-10-75. It was stated in the petition that he has eight years permanent service to his credit without having given any cause of complaint to the respondent Management during the period of his employment The General Manager of the Mills with a view to recruiting the workmen of his own choice planned a retrenchment of old workers and for that purpose obtained resignations from a number of workers under duress and terminated a number of other workers. The petitioner was previously charge-sheeted on 25-10-75 against baseless allegations of misconduct, but as petitioner submitted a reasonable reply to the charge-sheet, the Management failed to dispense with his services on the ground of misconduct. However, the respondent-Management in order to get rid of the petitioner passed an order of retrenchment against him on 29-10-75, which was neither a bona fide…

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