Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 12 (3)-Termination of service-Employment of permanent nature-Workman (driver) appointed not on work-charged basis for particular vehicle-Putting in service for more than nine months-Held, a permanent workman-Condition in appointment letter that service could be terminated at any time without assigning reasons, held, illegal being against provisions of S. O. 12 (3) -Neither any evidence that vehicle was not in order or not substituted nor that workman was junior-most-Termination order stating that services no longer required, in circumstances, held, violative of S. O. 12 (3) and reinstatement with back benefits awarded by Labour Court upheld by Appellate Tribunal - Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38 (3). Abdul Jabbar for Appellant. Abdul Ghafoov for Respondent. Date of hearing : 2nd October, 1983. JUDGMENT The appeal captioned above arises from the decision, dated 1st November, 1980 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the respondent was directed to be reinstated in service with back benefits. 2. The respondent was a driver. His services were terminated, on 15th February, 1980 for the reason that they were no more required. How­ever, no reason was given why his services were not required. In the appointment order it was mentioned that for Suzuki No. LEM-9352 the respondent was taken in service as driver. 3. It has-been argued by the learned counsel for the appellant that since the Suzuki had gone out of order, the services of the respondent were no more required and thus were terminated. It has also been said that the respondent was employed on work-charged basis. In the written state­ment these contentions were made, but in the appointment order it is not stated that on work-charged basis the respondent had been taken in service. The respondent was, therefore, a permanent employee since he remained in service for much more than nine months. There is no evi­dence that the Suzuki for which the respondent had been…

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