Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 25-A & 37-Grievance petition against termination of service­-Permanent workman sent abroad to work in project of employer establishment-Sent back on his employment in foreigners project coming to end-Reporting for duty but informed that his services in Pakistan had been terminated while being sent abroad-No such termination order produced on other hand service abroad found to be on transfer-Order of Labour Court accepting grievance petition awarding re-instatement with back benefits, in circumstances, upheld by Appellate Tribunal. Shabbir Ahmed Awan for Appellants. Nizamuddin Baloch for Respondents. Date of hearing : 23rd December, 1982. DECISION These two appeals by the Mechanized Construction of Pakistan, appellants herein, are directed against a common decision given by the learned VIIth Labour Court on 8th September, 1982, allowing the grievance petitions of the two respondents workmen, challenging the termination of their services, and directing the appellants to reinstate them in services with back benefits for the period from their return to Pakistan from Iraq till the filing of their grievance petitions on 24th March, 1982. As common issues are involved in both the appeals they have been heard together and are being disposed of by this order. 2. The facts of this case, shortly stated, are that the two respondents were in the services of the M. C. P. as drivers. Respondent Rab Nawaz is stated to have been in the services of the M. C. P. with effect from 1st January, 1975 while respondent Illahi Bux is said to have been in the employment from 7th August, 1977. It is an admitted position that in July, 1980, both of them were selected for the appellant's Dalmaj Project in Iraq and they actually left for Iraq for working in the said project in pursuance of the appellants' main office letter, dated 23rd July, 1980, after executing the usual agreement for serving abroad. The employment of both the respondents in the Dalmaj Project in Iraq came to an end on 29th July, 1981, whereupon they were sent back to Pakistan in accordance with the conditions of their agreement with the appellants and they…

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