Law:

Section:

Pakistan Essential Services (Maintenance) Act (LIII of 1952)---- ----Ss. 5 & 3-Person engaged in employment or class of employ­ment, shall not without reasonable excuse abandon such employ­ment-Employer of person engaged in employment or class of employment declared under S. 3 to be employment to which provi­sions of Act apply, shall not discontinue employment of such person. Karachi Electric Supply Corporation Ltd. v. National Industrial Rela­tions Commission and another P L D 1982 S C 125 ref. Kamal Mansoor Alam for Petitioner. S. Sam! Ahmad for Respondents. Date of hearing: 13th January, 1983. JUDGMENT AJMAL MIAN, J.-In this petition the petitioner has impugned the order dated 12th November, 1980 passed by respondent No. 1 ordering reinstatement of respondent No. 2 in petitioner's services. The relevant facts leading to the filing of this petition are that respondent No. 2 was employed as an Assistant Manager (Administration) on the terms and conditions contained in appointment letter dated 27th May, 1976. He was promoted with effect from 1st April, 1979 as a Deputy. Manager. However, on 17th December, 1979 his services were terminated in purported exercise' of power contained in clause (e) of the aforesaid appointment letter by offering to pay three months' salary in lieu of three months' notice. Respondent No. 2 being aggrieved by the above order filed an application on 8th March, 1980 before respondent No. 1, which was accepted through the impugned order. 2. In support of the above petition Mr. Kamal Mansoor Alam, learned counsel for the petitioner has urged that the impugned order is without jurisdiction in view of the clear pronouncement of the Supreme Court inter alia contained in the case of Karachi Electric Supply Corpora­tion Ltd. v. National Industrial Relations Commission and another (P L D 1982 S C 125). 3. Mr. Sami Ahmed, learned counsel for respondent No. 2 contends that in spite of the above judgment, this Court in exercise of writ jurisdic­tion under Article 199 of the Constitution, 1973 read with Article 4 can examine the legality of the termination order with reference to section 5 of the Pakistan Essential Services (Maintenance) Act,…

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