Law:

Section:

Industrial Relation Ordinance (XXIII of 1969) -------S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. Os. 12 & 15 read with S. 1---Termination of service of Chowkidar for reasons of loss of confidence in him on account of some incident-.Re-instatement in service claimed on around that termination of services was effected by Management without charge-sheet and inquiry-Workman failing to prove that number of workers in factory exceeded 49-Standing Order 15 requiring service of charge-sheet and holding of inquiry, held, does not apply in such case-Order of re-instatement passed by Labour Court set aside and application under S. 25-A, I. R. O. dismissed. Shaukat Ali Nanji for the Management. Salim Raza for Respondent. Date of hearing: 21st September 1977. DECISION These are two cross appeals against the order of the Labour Court allowing re-instatement of the workers without back benefits which were made dependent upon the result of the Criminal case pending against him. Rahmat Ali was working as a Chowkidar in Messrs Tariq Oil Mills. He was a permanent employee. Subsequently the mill was leased to Haji Suleman Usman. The services of Rahmat Ali were terminated in writing as provided by Standing Order No. 12 for the reasons that the Management had lost confidence in him on account of some incident. Rahmat Ali was also prosecuted and a Criminal case is pending against him. Rahmat Ali aggrieved by the termination of service sent a grievance notice and then approached the Labour Court under section 25-A, I. R. O. for re-instatement with back benefits. Who, application was resisted on various grounds. Evidence, was tendered by the parties. On assessment of the evidence the Labour Court upheld the plea taken by Rahmat Ali and refuted the objections raised on behalf of the Management. On the basis of the conclusion the impugned order was passed. Aggrieved by this both…

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