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1976 P L C 625 [Labour Appellate Tribunal Sind] Present: Inamullah Khan, Appellate Tribunal MUHAMMAD SALAM QURESHI Versus LA-CLAIR INTERNATIONAL, KARACHI Appeal No. KAR-176 of 1973, decided on 10th May 1973. West Pakistan Shops and Establishments Ordinance (VII of 1969)- -- S. 19 read with Industrial Relations Ordinance (XXIII of 1969), S. 34-Belated application to Court-Effect-Termination of service of permanent employee without one month's wages or one month's notice in lieu thereof but with only 15 days notice salary-Termination illegal-Alternatives open to Court-Re-instatement or compensation Application to Court made after about one year-Re-instatement, in circumstance held, not justified as Establishment cannot be forced to employ after such a long time and dispense with services of person who may have been employed in mean time as a substitute-Applicant's wages during employment being Rs. 212.75 p. m. compensation of Rs. 500, held, would meet ends of justice. Appellant in person. S. Iftikhar Hassan for Respondents. DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. V, Karachi, dated March 15, 1973, whereby the learned Labour Court dismissed the application of the appellant on the ground that it was belated and That the appellant had not followed the pro­cedure prescribed under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The appellant was a Delivery Clerk in the establishment of the respondent. The respondent carries on the business of Clearing, Forwarding and Shipping Agents. The appellant's services were terminated on 4th October, 1971, because he was not taking interest in performance of his duties. The appellant made an application under section 34 of the Ordinance on 7th November, 1972, almost after a year of the termination of his services. The appellant gave no explanation for this long delay. The appellant admitted in his cross-examination that the establishment employed only about six or seven persons. On the face of it, the West Pakistan Industrial and Commercial Employment (Stanping Orders) Ordinance, 1968, does not apply. 2. The appellant…

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