Case Details

Citation(s)
1978 SLG 1082 1978 SLD 1082 1978 PLC 386
Labour Appellate Tribunal, Punjab
Appeal No. LHR-44 of 1977/Pb., decided on 22nd October 1977.
M. JAMIL ASGHAR, APPELLATE TRIBUNAL

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Syed ANWAR SHAH

VS

LAHORE OMNIBUS SERVICE

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1964)­ -- S. O. 15(4)-Termination due to unsatisfactory work and conduct-Not possible except in prescribed manner of show cause and enquiry-Badli Conductor of O. T. S. terminated on account of unsatisfactory work and conduct-No enquiry held-Termination order in circumstances, set aside with back benefits-Road Transport Workers Ordinance (XXVIII of 1961), S. 7 read with Road Transport Workers (Amendment) Ordinance (XI of 1974). Muhammad Siddique Javid Chaudhary v. Government of West Pakistan PLD1974SC393rel. Ghulam Qad1r for Appellant. Yousaf Hussain Dilawri, Legal Officer for Respondent. Date of hearing: 18th September 1977. JUDGMEHT This is an appeal against the decision dated, 4-1-1977 of Punjab Labour Court No. I Lahore. 2. Syed Anwar Shah, appellant was appointed as bad/1 conductor on 24-5-1976 vide appointment letter Exh. R-1. His services were terminated with effect from 30-7-1976 vide order dated 1-7-1976 Exh P-1 on account of unsatisfactory work and conduct without any enquiry being hold against him. He challenged the order of termination of his services by way of a petition under section 25-A of Industrial Relations Ordinance, 1969 before the Labour Court, which dismissed the same vide decision under appeal. 3. Aggrieved by the above decision, Syed Anwar Shah, appellant has preferred this appeal. 4. The learned counsel for the appellant contended that the appellant being a conductor, filed this petition in respect of a right guaranteed on secured to him by or under section 7 of the Road Transport Workers Ordinance, XXVIII of 1961, which reads as under: "Restriction on termination of services etc.-The services of a worker shall not be terminated without sufficient cause nor unless and until one month's previous notice or one month's pay in lieu thereof has been given to him and he has been paid his pay for any period of leave admissible to him, of which he did not avail himself while in service. 5. This Ordinance does not make any distinction between a temporary or permanent employee. All employees are governed by section 7 of the said Ordinance. This Ordinance was…
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