Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing. Orders) Ordinance (VI of 1968)- ---S O. 12 (1) & (3)-Termination of service-Workman convicted by Military Court and sentenced to imprisonment for one year­-Employer, in circumstances. held, could not reasonably be expected to keep post vacant-Termination of service indicating such reason with one month's notice, held, not exceptionable. Zulfikhar Ali v. Premier Tobacco Company Ltd. 1981 P L C 293. rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A-Grievance petition against alleged wrongful termination of service-Petitioner receiving dues in full and final settlement unconditionally during pendency of petition-Petitioner in circum­stances, held, no longer an aggrieved person and petition no longer maintainable. Muhammad Siddique v. Premier Tobacco Industries Ltd. 1981 P L C 670 and Mirza Majeed Baig v. tutehallv Chemicals Ltd. 1973 P L C 297 rel. 1980 P L C 664 ref. Sethi Straw Board Mills Ltd. v. Punjab Labour Court 1976 P L C 901 distinguished. M. L. Shahani for Appellant. Date of hearing : 11th April, 1983. DECISION The appellant was employed as Assistant Fitter in the respondent organization which is engaged in the manufacture of pipes. It appears that on 22nd March, 1982 a fight took place in the factory of the respondent between different sections of workmen. The appellant is alleged to have been involved in that incident and consequently he was arrested and tried by the Martial Law Court under M. L. R. 51 and M. L. R. 9 and was awarded one year's imprisonment. In consequence of his imprisonment and the fact that his services would not be available to the respondents, for the period that he was to suffer imprisonment, the respondents terminated the services of the appellant with one month's notice vide order; dated 9th June, 1982. This order was served upon the appellant on 10th June, 1982, in jail. On 2nd September, 1982, while he was in jail, the appellant sent a grievance notice to the respondents but as it produced no fruitful results he preferred a grievance petition against the respondents before the learned Labour Court on 14th November, 1982. Some two-and-half…

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