Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 14

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A, 37

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. O. 14 read with Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37-Retrenchment due to reorganisation-Retrenched workman not challenging termination order but making grievance that some other persons were appointed within 12 months-Labour Court awarding re-instatement - Appellate Tribunal on appeal, held, such person entitled not to re-instatement but to re-employment provided fresh appointment made of same category of workman as that of retrenched-Workman failing to prove that fresh appointment was of same category, re-instatement order passed by Labour Court set aside by Appellate Tribunal. Date of hearing : 22nd October, 1980.                                                                                                           ORDER The services of the respondent, who was employed as a waiter in the Village Restaurant, the appellant herein, were terminated on 15-5-1979, on the alleged ground of reorganization in the appellant establishment. The respondent did not serve a grievance notice upon his employer within the statutory period in respect of the termination of his services, but on 3-12-1979, he served a grievance notice alleging that he had come to know that the appellant establishment had employed 2 persons, by name Yousuf and Abdul Waheed, who after working for a short time as Pantryman and Assistant Store-keeper, were working as waiters. He consequently asked to be taken back from the date that the said persons had been employed in the appellant establishment. As the appellant establishment declined to re-employ the respondent, he preferred a grievance petition before the learned Labour Court on 14-1-1980. The learned Labour Court came to the conclusion that Yousuf and Abdul Waheed, though ostensibly employed under different designations, were really working as waiters in the…