Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- -- S. 36-D-Limitation - Delay-Time spent on obtaining copy of impugned order-Must be specifically explained with proof-No certifi­cate regarding date of application for copy of impugned order pro­duced-Delay, in circumstances, not condoned. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. Os. 2(6) & 7-Appointment letter-Must contain clearly terms and conditions and nature of employment-Absence of such terms and conditions cannot be construed into temporariness of workman-­ignoring of such statutory obligations, held, raise presumption of being permanent in favour of workers-Worker continued in service from month to month for over one year, held, had attained status of being permanent. Hakim Muhammad Screed for Appellant. Respondent in person. DECISION This is an appeal filed on behalf of Resident Engineer Natural Gas Power Station. Piran Gaib, Multan hereinafter mentioned as the appellant Management against the order of the learned Junior Labour Court, dated 4th March 1975, directing the re-instatement of Khalid Amin workman who was terminated from service with effect from 1st January 1975. The case of the respondent is that he was employed as helper worker and his employment was continued for a period over one year whereafter he was illegally terminated. According to the case of the appellant Management the respondent was never permanently appointed against a job of permanent nature and his service was extended from month to month on the basis of monthly wages. The learned lower Court observed in the impugned order that the respondent attained the status of a permanent worker by virtue of continuous service of over one year to his credit as admittedly he remained employed from 30th November 1973 to 21st December 1974. In the argument today it has been contended in the first instance that the appeal is time barred. Admittedly the impugned judgment was delivered on 4th March 1975 and the appeal was filed on 3rd April 1975. It is urged on behalf of the appellant Management that copy of the judgment was supplied to it only on 2nd April 1975, which fact…

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