Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- -- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12(3)-­Re-instatement L- Workman's services terminated on ground of abolition of Job-Order of termination not mentioning any reason justifying abolition of job (post of jobber in Textile Mills)--field, not legal and in keeping with S. O. 12(3)-Workman directed to be re-instated with back benefit. Appellant in person Muhammad Siddique Labour Officer, with Ch. Muhammad Akhtar fog Respondent. DECISION As appeal has been filed by Nisar Ahmed, ex-Head Jobber United Textile Mills Fasalabad Multan against the order of the learned Junior Labour Court Multan, dated 17th December, 1974, whereby his application for re-instatement in service was dismissed. He was terminated-vide orders of the respondent, dated 12th September, 1974 (photostat Exh. R: 1 in which it was mentioned that as one of the post of jobber was going to be abolished his services were no longer required. The learned lower Court regarded this order as sufficient compliance with the Standing Order 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and dismissed his petition. The relevant provision reads as follows: S. O. 11(3). The services of a workman shall not be terminated, nor shall a workman be removed, discharged or dismissed from service. except by an order in writing which shall explicitly state the reason for the action taken. In case a workman is aggrieved by the termination of his services or removal, retrenchment, discharge or dismissal, he may take action in accordance with the provisions of section 25-A of the Industrial Relations Ordinance, 1969 (XXIII of 1969) and thereupon the provisions of the said section shall apply as they applied to the redress of an individual grievance. The language of the provision is quite clear and does not sustain the meaning to terminate a permanent workman by merely stating to the effect that his job has been abolished and his services are no longer required. On the other band the subsection requires the management to first make out a case for…

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