Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12-Termination on grounds of physical unfitness-Termination simpliciter-Show cause notice-Not needed-Services of permanent worker declared medically unfit for service terminated without one month's notice or pay in lieu thereof-Labour Court's order re-instating such worker on grounds of failure of show-cause notice, in circumstances, set aside and worker, held, entitled to one month's pay in lieu of notice calculated on basis of last three months' average pay. (b) Industrial dispute 7ermination simpliciter-Effective from date of service of termination notice. Date of hearing: 11th June 1970,   ORDER This is an Appeal against an order of the learned Chairman' of the West Pakistan Labour Court (Central Zone), Lahore, dated the 4th of February 1970, whereby the learned Court ordered the re-instatement of the respondent on the ground that no show-cause notice was given to him. The circumstances giving rise to the present appeal briefly put are these. Admittedly the respondent was suffering from Tuberculosis from February 1967. He was admitted in hospital and from time to time on the recommendations of doctors he was granted leave. In the last certificate the doctor recommended him rest up to 30th April 1968. The District Manager wrote to the Medical Officer, Dr. Muhammad Latif Akhtar to examine the respondent whether he was fit for service or not. He issued Exh. R-2 declaring that the respondent was unfit for service due to Tuberculosis. The certificate is dated the 9th of February 1968. The respondent's services were terminated on 16th of February 1968, on the ground that he was unfit for service. In the letter dated 16th February 1968, Exh. P-7 he was to be paid all his dues on produc tion of Clearance Certificate. It may be noted that he was not given one month's wages calculated on the basis of average of wages earned by the workman during the last three months as required under Standing Order 12. Mr. Naseerul Hasan, the learned Representative for the appellant submitted that in case of termination of service simpliciter no…