Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 2(xxvili) [as existed prior to amendment vile Industrial Relations (Amendment) Ordinance (XLVIII of 1972) promulgated on 10-11-1972] Supervisor performing duties in supervisory capacity-Falls within definition of "workman". (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. Os. 12 & 15 - Termination of services - Provisions of S. O. 15 - Mandatory. - Termination of service of permanent worker-Failure to comply with requirements of charge-sheet and enquiry, held, not only violative of S. O. 15 but also of principles of natural justice-Termination due to misconduct-S. O. 12 not applicable-Payment of one months' notice pay not sufiicient ­Workman must be charge-sheeted and afforded opportunity of explana­tion-Non-compliance with requirement of S. O. 15, held, would render termination illegal. Wasi Ahmed for Appellant. M. A. Khan with Hafiz for Respondent No. 2. DECISION This is an appeal against an order dated 7-4-73 passed by Presiding Officer, Junior Labour Court No. VIII, Karachi whereby he dismissed applica­tion under section 25-A, Industrial Relation Ordinance, 1969. 2. The facts giving, rise to this appeal are that the appellant was permanent worker of the respondent-Organisation since 21-6-1971. Initially, the appellant was designated as Purchase Assistant. On 29-6-72, his designa­tion was altered as "Store Account Supervisor" on reduced pay. The appellant made a protest against this action. This caused annoyance to the Master who terminated his service on 18-10-72 without complying with the mandatory provisions of S. O. 15 of Standing Orders Ordinance, 1968. Subsequently, the appellant instituted an application under section 25-A of 1. R. O. before Junior Labour Court No. VIII Karachi, praying for re-instatement in service with back benefits. His application was dismissed on 23-1-73. He preferred an appeal against the order of the lower Court before this Court. The case was remanded back with cross direction to allow cross-examination of witness and allow parties to lead evidences. After taking evidence of the parties the learned Presiding…

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