Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. Os. 13 & 14-A-Retrenchment-"First in last go"-Rule of­ Limited to some establishments or projects-Cannot be stretched to other establishments or projects being run by same employer even if employer is a construction company or construction contractor-­Preferential right to a construction worker retrenched from another project to a similar project of same employer available only when a vacancy for job for which such retrenched worker found suitable exists in other project and not by displacing another existing worker though junior to him or appointed later on. Syed Qamaruddin Hassan for Appellants. Ch. Rasheed Ahmed for Respondent. Date of hearing: Ist November, 1982. DECISION This appeal is directed against the decision of the learned Fifth Labour Court, given on 16th December, 1981, allowing the grievance petition of the respondent employee against the termination of his services, and directing the appellants to re-instate him in service with full back benefits. 2. The respondent, who was employed as a draftsman since 8th July, 1976 in the Juna Bandar Joint Venture, was retrenched from service vide order, dated 13th October, 1980, on the ground that he has been rendered surplus on account of the fact that the job on which he was working had been completed. Earlier, the respondent, vide his application, dated 13th September, 1980, had requested for promotion to Grade V but his request was rejected as intimated to him vide letter, dated 7th October, 1980. Aggrieved by the retrenchment of his services, the respondent filed a grievance petition before the learned Fifth Labour Court. The grievance petition of the respondent has been allowed by the learned Labour Court on two main grounds :- (a) that the retrenchment from service of the respondent was mala de as he was the sole person singled out for retrenchment an no other person was retrenched in the months of October, November and December, 1980 ; and (b) that one Mr. Latif was appointed by the Joint Venture to perform the same duties as were being performed by the respondent employee, but with a different…

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