Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1959)-- --- S. 1(4)-Karachi Metropolitan Corporation employees-­Ordinance not applicable to employees other than those employed in establishment which may properly be considered as industrial or commercial--Employ of Zoo of K. M. C.-Not employed in industrial or commercial establishment-Not within ambit of Ordinance. (b) Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 25-A & 37-Termination order set aside on technical grounds--Employer ordinarily should be given opportunity of holding fresh enquiry--Back benefits should be made dependent upon result of such enquiry-Labour Court making back benefits dependent upon fresh enquiry to be completed with 3 months-Appeal against orders of Labour Court, in circumstances, dismissed in limine. Ch. M. Maarif for Appellant. Date of hearing : 12th February, 1981. DECISION This appeal is directed against a decision of the learned Fourth Labour Court given on 7th January, 1980, directing the re-instatement in service of the appellant, but at the same time gives an option to the respondent-Corporation, the K. M. C., to take action in accordance with the law against the appellant as also afford him an opportunity of personal hearing and makes the payment of back benefits to the appellant dependent upon such action being taken against him within three months. 2. This appeal is open to two legal objections. The first is that the appeal is based on the provisions of the Standing Orders. However, this Tribunal has held in the case of Karachi Metropolitan Corporation v. Nawab Sibi and another, decided on 25th November, 1980, that the K. M. C. is neither an industrial nor commercial establishment for the purposes of the Sind Industrial…

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