Law:

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Industrial Relations Ordinance (XXIII of 1969)- --Ss. 25-A & 37-Termination of service found wrongful ­Workman meanwhile employed elsewhere-Re-instatement with back benefits awarded by Labour Court, in circumstances, modified by Appellate Tribunal to only back benefits for period of un­employment. Riaz Hussain Baloch for Appellant. Ali Ahmed for Respondent. Date of hearing: 29th July, 1981. ORDER This appeal by M. Durvesh M. Rafiq and Company, the Weaving Con­tractor of Messrs Rasheed Textile Mills Ltd., Karachi, is directed against a decision of the learned lI1rd Labour Court, given on 3-5-1981, allowing the grievance petition filed by the respondent workmen and directing the appellants herein to re-instate him in service with full back benefits. The facts which form the background of this appeal, shortly stated; are that the respondent workman entered the service of the appellants establishment with effect from 25th May, 1980. On 7th September, 1980, the management terminated his service on the ground that due to an illegal strike of workers, the Rasheed Textile Mills had cancelled their contract. The respondent workman challenged the orders of his termination before the learned Labour Court. The appellant establishment resisted the grievance petition of the respondent workman on the grounds, firstly that the respondent was a temporary workman, who was not entitled to claim re-instatement in service; and that secondly, the termination of services of the respondent was unaviodable as it was necessitated by the cancellation by Rasheed Textile Mills of the contract and hence, they had no employ­ment to offer to the respondent. The learned Labour Court repelled both these contentions and held that the respondent had become a permanent workman and that further there was no tangible and reliable evidence to establish that in fact the contract of the appellants with Rasheed Textile Mills bad been cancelled. The appellant have now come up in appeal to this Tribunal. 2. 1 have heard Mr. Riaz Hussain Baloch, who appeared for the appellants, and Mr. Ali Ahmad Advocate, who represented the respondent workman. The first ground on which Mr. Riaz Baloch assailed the…

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