Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 0.12(5) read with S. O.'15 Termination of service on allegation of misconduct Mention of only permanent and temporary workmen and total omission of probationer and badli workman in S. O. 12(5) --Held, clear indication that provisions relating to enquiry were not applicable to probationer and badli workman Maxim: expressio unius est exclusio alterius (mention of one is exclusion of another).¬[Industrial dispute Maxim]. G. L. Bhatacharia v. State PLD 1964 SC 503 and Lahore Sukheki Transport Society v. Commissioner of Income tax 1973 SCMR 525 ref. JUDGMENT This constitutional petition is directed against the order of a learned Labour Court, Karachi, passed on 30 7 1974, whereby it has confirmed the order of the Junior Labour Court, holding that the termination of services of respondent No. 1 by the petitioner herein was invalid, and accordingly directed the re instatement of respondent No. 1 with back benefits. 2. The facts, as found by the two Labour Courts, are that respondent No. 1 was employed by the petitioner Textile Mills as a Weaver, originally, in 1970, but in August, 1972, his services were terminated on account of his continued absence, as he was arrested in a criminal case. After his release, he was appointed afresh on 25 .9 1973, and his services were terminated on 13 12 1973, that is within 3 months of his second employment. On these facts, both the Labour Courts have held that his second appointment was a fresh appointment and since he had not completed 3 months service in his appointment, before termination of the said service, he is deemed to be a probationer for the purposes of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, hereinafter referred to as the Standing Orders Ordinance. This view is undoubtedly correct. In any case, it has not been challenged. 3. Both the Labour Courts, however, have held that since the termination of employment of respondent No. 1 was on allegations of misconduct and not termination simpliciter, the termination could only be effected after an enquiry as contemplated by Standing…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492