Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing orders) Ordinance (VI of 1968)--- -- S. O. 14-Retrenchment-Principle of "last come first go" --Workman (Security Guard) senior to many workmen in his category retrenched by employer-Such retrenchment being not justified, ire circumstances of case, workman directed to be re-instated in his job. ORDER The petitioner has lodged the present petition on the ground that he was hired as Security Guard by the respondent on 19th May, 1968 and was retrenched on 20th March, 1974 on the ground of forced reduction. The peti­tioner further contends that he was a senior worker and persons junior to him have been retained, hence his retrenchment is illegal being in violation of the Standing Orders Ordinance, 1968. Moreover, the petitioner has contended that about 9 other Security Guards whose services had been terminated have since been reinstated in compliance with the orders of the Labour Secretary (the then Central Labour Commissioner, N.-W. F. P.) who are performing their duties as such. That due grievance notice was given to the respondent by the petitioner but to no avail. That the T. J. V. authorities were bound by the settlement dated 8th May, 1972 arrived at between them and the C. B. A. Union, hence this peti­tion. The parties were heard at length and the file of the case was also gone through carefully. The arguments of the parties and the perusal of the file revealed the following facts :- (1) That the petitioner was employed as security guard on 19th August, 1968. (2) That he was retrenched on 20th March 1974 on the ground of forced reduction. (3) That there had been settlement on 8th May, 1972 between the T. J. V. authorities and the C. B. A. Union (Exh. P C) according to which it was agreed to and decided that :- "Dr. Mackel stated that Departments of Security, Safety and Fire were of independent nature and that retrenchment in these sections would take place on project basis on the principle of "LAST COME FIRST GO". The file also contains photostat copy of the orders of Mr. Moinuddin Khan, Secretary Labour and the then Central Labour Commissioner, N.-W. F. P. dated 22nd May, 1974 (Exh. PB') which are…

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