Law:

Section:

(a) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- - S. 5 read with West Pakistan Water and Power Development Autho­rity Act (XXXI of 1958), S. 17 (1-A)-Termination of service of Work-charged WAPDA employee-Not made under S. 17 (1-A) of WAPDA Act, 1958-Establishment declared as essential service ­Employer, notwithstanding WAPDA Book of Financial Power of 29-12-1977-Bound to satisfy specified Authority existence of reason­able excuse-Show-cause notices issued-Neither any enquiry held nor employee given any defence opportunity - Termination order, in circumstances, held, not sustainable. Ch. Abdul Shakoor v. WAPDA 1980 P L C 529 ; Ch. Inayat Ali and others v. WAPDA 1980 P L C 480 and Mohammad Fayyaz v. WA PDA 1980 P L C 664 (o) ref. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952)-- ------S. 5 read with Direction No. 2 dated 24-1-1979-Limitation-Chairman, National Industrial Relations Commission-Competent to condone delay on good cause - Matter wrongly agitated before Labour Court-Time spent before Labour Court-Excluded by Chairman­ Limitation Act (IX of 1908), S. 14. Zahoor Ahmed Arain for Petitioner. Arshad Noor Khan for Respondent. ORDER This is an application under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 by Mohammad Aslam, Sub. (Retired) son of Abdul Aziz against Resident Engineer, Gas Turbine Power, Power Station Kotri, Sind and two others for directions that his dismissal from service by order of the res­pondent dated 23rd February, 1980 is illegal and that he may be reinstated in service with back benefits. 2. Briefly the facts are that the applicant who had retired from the Army as Junior Commissioned Officer after thirty years service, was appointed on 28th September, 1978 as a Security Inspector, Gas Turbine Station, Kotri under work-charged establishment. Isis services were regularised later against a permanent regular vacant post of Security Inspector. It is the case of the applicant that while he was posted at the main gate of the Power Station on 22nd October, 1979 he caught red-handed Mohammad Naeem Akhtar, Assistant Security Officer, Electrical and K. M. Rashid, Electrical Foreman who…

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