| Citation(s) |
|---|
| 1981 SLG 2277 1981 SLD 2277 1981 PLC 472 |
National Industrial Relations Commission
Case No. 18 (35) of 1980, decided on 12th November, 1980.
I. MAHRNUD, CHAIRMAN
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Case No. 18 (35) of 1980, decided on 12th November, 1980.
I. MAHRNUD, CHAIRMAN
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SARFRAZ AHMED MIRZA
VS
MESSRS PAKISTAN STEEL MILLS CORPORATION LTD.
Law:
Section:
Pakistan Essential Services (Maintenance) Act (LIII of 1952)- -- Ss. 5 & 6-Employment declared as essential service-Termination of service by employer or abandonment by employee-Not allowed without reasonable excuse irrespective of terms of appointment-Reasonableness of excuse -Justiciable by Specified Authority which can invoke powers of regulating conditions of service of such employees and order re-instatement if not satisfied with reasonableness of excuse-Services of employee of Pakistan Steel Mills Corporation terminated without assigning any reason on plea that it could be terminated so under terms of employment-Termination order, in circumstances, set aside. S. A. Lodhi Representative for Petitioner. Kamal Mansur Alam for Respondent. Date of hearing : 12th November, 1980. ORDER The applicant Mr. Sarfraz Ahmed Mirza, at the time of his removal, was serving as Deputy Manager, Admn. and Personnel, in the Central Administration, Office of the Respondent, Pakistan Steel Mills Corporation. The employment of the Respondent has been declared as an Essential Service under section 3 of the Pakistan Essential Services (Maintenance) Act, 1952. Prior to his promotion as Deputy Manager, Administration, the applicant was working as Assistant Manager (Administration) in the Metallurgical Training Centre. On 4th August, 1979, the applicant submitted a request to the General Manager (Adorn. and Personnel) that in view of his technical qualifications, he may be posted in the existing vacancy of Deputy Manager in the Metallurgical Training Centre, which according to him existed -at - that time. This request was not acceded to and the applicant was accordingly informed by General Manager (A & P.) by his letter, dated 27th August, 1979. Again on 30th October, 1979 the applicant submitted another application to the Director (A & P) repeating his request for being posted as Deputy Manager Technical in the Metallurgical Training Centre. About six weeks thereafter the applicant received a memo. dated 17th December, 1979 that his services were dispensed with, with immediate effect in pursuance of clause (c) of paragraph 2 of his letter of appointment. dated 27th…
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