Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. Os. 12 (3) & 15-'Termination of services-Employer cannot terminate services of a permanent worker without assigning any reason in writing unless relevant post abolished-Termination of services effected without adopting procedure prescribed under S.O.15-Illegal. 1961 P L C 128 held no longer good law. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---S. Os. 12 (3) & 15 -Impugned order illegal-Court could only declare order to be illegal but could not advise employer what to do or to say that a fresh inquiry be held-Termination order illegal-­Worker entitled to get his back benefits. Yousuf Khan v. Allied Trading Corporation. 1975 P L C 158 and Divisional Superintendent, N W. R. Lahore v. Muhammad Sharif 1963 P L C 696 rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15(4)-Inquiry against misconduct-Must be held by emp­loyer within one month of date of misconduct-No enquiry started within one month-Employer debarred to hold inquiry thereafter. Abdul Majid for Appellant. Shafique A. Malik for Respondent. DECISION Muhammad Siddique was employed as Conductor in the Government Transport Service, Lyallpur since 1963. His services were terminated by the District Manager on 1-10-1975. Feeling aggrieved he challenged the order of his termination in the Junior Labour Court. His petition was accepted. However, back benefits were not allowed and the employer was directed to hold a fresh inquiry against the petitioner. The last para. of the order of the Junior Labour Court is reproduced below :- "The learned counsel for the respondent has drawn my attention towards the service record of the petitioner and I was shocked to learn that in 10 years of service the petitioner was fined on 65 occasions for charges of dishonesty against him. It shows that petitioner's conduct was unsatisfactory and the respondent had some justification to terminate his services. However, it is an admitted fact that procedure adopted by the respondent while terminating the services…

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