Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 12 (I)-Termination of service of permanent workman­ Service of notice of one month or payment of one month's pay in lieu thereof-Mandatory requirement-Labour Court while dismiss­ing grievance petition missing to see that service of notice not pro­ved-Appellate Tribunal, in circumstances, setting aside order of Labour Court-No proof that any junior retained-Re-instatement, in circumstances; awarded by Appellate Tribunal without back benefits-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Muhammad Zaman Qureshi for Appellant. Sayed Sajjad Hussain for Respondent. JUDGMENT The facts giving rise to this appeal brought against the decision, dated 3rd June, 1981 recorded by learned Presiding Officer, Labour Court No. 5, Faisalabad are that the appellant was recruited as conductor at Lahore on 23rd August, 1979. He was thereafter transferred to Jhang on his application D-1 and was placed junior to all of the conductors already working there. His services were terminated vide order, dated 24th March, 1980 on the ground of retrenchment. He has challenged the order on the ground that no termination notice was served upon him before ter­mination and that his juniors were retained in service. 2. Since there was no allegation of misconduct against him, service of notice was not necessary. Notice of termination is P. 4. The actual order of termination was not produced in evidence. Even service of P-4 upon the appellant was not proved. The appellant was a permanent employee so service of one month notice of termination or offer…

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