Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --- S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1 (41 and S. O. 12 (3)-Karachi Port Trust run by Government having statutory rules of service, conduct and discipline for employees-Employee of K. P. T. removed from service not in connection with any industrial dispute-Cannot make grievance petition before Labour Court against termination of service. Imam Bux Qazi v. Trustees of Port of Karachi 1980 P L C 495 and Johnson & Johnson v. Zubair Ahmed 1980 P L C 622 rel. Zahid Hamid for Appellant. Qamar Abbass for Respondents. Date of hearing : 30th November, 1980. DECISION The services of the appellant, who was employed as a peon in the K.P.T., the first respondent herein, were terminated with effect from 22nd April, 1976, by an order which appears to bear no date. The order was based upon the report of the Enquiry Officer, who found that the charge of stealing two mercury bulbs had been established against the appellant, The appellant challenged the order of termination of his services before the learned first Labour Court which has dismissed his grievance petition on the ground that the evidence before the Enquiry Officer substantiates the charge of theft. The appellant has accordingly preferred an appeal to this Tribunal against the decision of the learned Labour Court. 2. I have heard Mr. Zahid Hamid, who appeared for the appellant, and Mr. Qamar Abbass, who appears for the first respondent. The fatal flaw in the case of the appellant is that his grievance petition is not maintainable. Since the services of the appellant were terminated for reasons unconnected with an industrial dispute, he does not fair within the definition of worker as given in the I. R. O. and, thus, cannot file grievance petition under section 25-A, I. R.O. He also cannot file grievance petition under clause (3) of Standing Order 12 read with section 25-A, I.R.O. since the Standing Orders are not applicable to the K.P.T.. which is admittedly run by Government and has Statutory Rules of service, conduct and…

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