Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952) ----S. 5(1)-Termination of service of a workman in establishment declared as essential service-Employer bound to establish an excuse or justification to be reasonable and justiceable by Specified Authority­--Termination of service in accordance with terms of appointment letter-Does not afford a reasonable excuse-Termination on account of unsatisfactory performance and failure to improve - Attaches stigma and amounts to dismissal or removal from service-Opportunity of defence, held, essential for such termination-Termination without show cause and defence opportunity, held, without reasonable excuse and illegal-West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15(4). P L J 1975 Kar. 25 and 1979 S C M R 304 rel. Muhammad Shafiq Qureshi for Petitioner. Masud Mirza, Representative for Respondent. Date of hearing: 30th September, 1980. ORDER This .is a petition under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952, praying for a direction to issue to the respondent declaring that his removal from service was without reasonable excuse and for re-instatement with back benefits. 2. The petitioner Sikandar Ali Baloch, was appointed as a Junior Officer in the Transport Department of the Pakistan Steel Mills Corporation Limited, Karachi on 15th December, 1976. The letter of appointment provided in paragraph (c) that his appointment in the Corporation would be temporary and on probation of one year in the first instant and further stated that the appointment could be terminated at three months notice on either side or by the Corporation on payment of three months pay in lieu of such notice. After completing one year's service on probation, he was continued in service and under clause (ix) of the Corporation Service Regulations, 1969, he became entitled to confirmation, although no formal letter of confirmation was issued to him by the Managing Director. No adverse remarks were conveyed to him for the Annual Confidential Report for the year, 1977, but in respect of ensuing year, adverse remarks were communicated to the effect that his "initiative…

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