Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)- -- S. 6 read with West Pakistan Industrial and Commercial Em­ployment .Standing, Orders) Ordinance (VI of 1968), S. Os. 12 & 15 (3) - Employee of Multan Electric Supply Company since declared as essential service-Imposed penalty of stoppage of increment on charge of inefficiency and carelessness-Subsequently retired on plea of having completed 25 years service but also consideration of charges for which previously punished by stoppage of increment-Terms of contract containing clause of retirement only at age of sixty years-Termination contended to have been made under Art. 6 of Economic Reforms Order, 1972-Terming­tion not being Simpliciter but on stigma, in circumstances, held, could not be made without defence opportunity-Mere careless­ness and inefficiency further, held, did not amount to misconduct warranting termination of service-Order of termination set aside and intervening period treated as leave without pay. P L D 1980 Lah. 82 distinguished. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- --- Ss. 6 & 7-A read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A Grievance notice to employer - Requirement-­Not relevant for petition before Specified Authority under Pakistan Essential Services (Maintenance) Act, 1952. 1976 S C M R 74 ref. (c) Pakistan Essential Services (Maintenance) Act (LIII of 1952)- --- S. 6 read with Industrial Relations Ordinance (XXIII of 1969), S. 2 (xxviii)-"Workman"-Definition-Not relevant. for petition under S. 6 of Pakistan Essential Services.(Maintenance) Act, 1952. DIRECTIONS This application has been made by Ehsanul Haq, Bill Supervisor, against the Managing Director, Multan Electric Supply Company, Multan, under section 6 of the Pakistan Essential Services (Maintenance) Apt, 1952, challenging his retirement order dated 6th January, 1980 passed by the respondent. The petitioner has alleged that he was suspended on 16th November, 1978 followed by a charge-sheet for being non-vigilant and inefficient and resulting' in his punishment of withholding of the increment for the year 1978-79 by an order dated 5th .December; 1978. The…

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