Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --S. O. 12 (1)-Termination of service-Workman suffering from heart disease and getting himself examined from Social Security Doctor advised light duty = Requesting for light duty but no such job available with establishment - Termination of service with one month's pay in lieu of notice, . in circumstances, held, not exceptionable. Pervaiz Malik for Appellant. Date of hearing :12th March, 1983 JUDGMENT This appeal arises from the decision dated 31-8-1982 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, wereby the services of the respondent were terminated on, the payment of one month's salary in lieu of one month's notice. 2. The facts are that the appellant was initially appointed as Sugar Coater on 16-I1-1977 vide appointment letter Exh. R-1. Thereafter he was transferred to stores to do the work of loading and unloading which he had been doing till the time of his termination. In the month of December, 1981 the doctor advised him to do light duty as he was a heart patient. He on 9-12-1981 applied for light duty but he was on 14-12-1981 asked to resign as there was no light duty, otherwise his services would be terminat­ed. Since he did not resign he was terminated vide order Exh. R-3 dated 23-12-1981. According to the respondent, the post of sugar coater held by . the appellant was abolished, therefore, he was on his request transferred to, stores instead of being terminated. No doubt, there is no written order of abolition of post of sugar coater and the order of transfer of the appellant to stores was produced but the subsequent conduct of the appellant shows that the contention of the respondent is correct. He worked in the stores for more than two years and admittedly did not com­plain to any authority, nor challenged…

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