Law:

Section:

(a) Words and phrases -.- "Probationer"-Meaning-Probationer is an employee who remains on trial until within specified period his employer considers him fit to be kept on job-During period of probation his services remain at pleasure of employer and if latter does not feel satisfied with his work his services can be terminated. Muhammad Sadiq Javed Chaudhry v. Government of West Pakistan P L D 1974 S C 393 and Federation of Pakistan v. Muhammad Afzal Khan P L D 1958 S C 258 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -- S. 13(3)-Industrial Relations Ordinance (XXIII of 1969), S. 25-AProbationer-Termination of employment-Mention in termination order that services being terminated during probation period would carry necessary incidents of probation that is that employer was dissatisfied with his work and thus not inclined to keep him in employment-Reference to probation in termination orders, held, would constitute sufficient reason for termination of his services. Federation of Pakistan v. Riaz Ali Khan P L D 1958 Lah. 22 rel. (c) West Pakistan industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. 12(3)-Industrial Relations Ordinance (XXIII of 1969), S. 25-AProvisional Constitution Order (I of 1981), Art. 9-Termination of service during probation period-Casting no stigma on probationer as no right guaranteed or accrued to him by or under any law which have been violated to enable him to approach Labour Court--Labour tribunals completely misreading termination order and decision suffering from error apparent on face of record rendering Orders of Labour Tribunals, held, without lawful authority. Messrs Nawab & Co. v. Rustam and others 1981 C L C 687 and Messrs Nawab & Co. v. Yaqoob and others 1982 P L C 87 ref. JUDGMENT Muhammad Fazil Hussain, respondent was employed by the petitioner-Board with effect from 12-4-1981 as an Overseer on ad hoc basis. Before he could complete the period of 3 months, his services were terminated as a probationer. He challenged the termination of his services, through a petition under section 25-A of the Industrial Relations Ordinance,…

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