Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Grievance petition against alleged wrongful termination of service made orally and without written order-Petition resisted on plea that grievance notice was time-barred-Date of termination disputed-Onus to prove that grievance notice was time-barred, in circumstances, held, upon employer raising such plea-No docu­mentary evidence produced in support of date of termination as contended by employer - Non-production of attendance register and payment register, in circumstances, held, raised presumption that such registers if produced would have disproved plea of employer. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 12 (1) read with S. 1 (b)-Termination of service-Require­ment of written order-Appointment initially made for nine months temporarily for completion of project-Services extended from time to time according to requirement but never for more than 9 months at a stretch and for last time only for one month-Contention that services stood terminated automatically on expiry of such extended period of one month--Total service period more than four years­ Mere fact that services extended each time for fixed period, in circumstances, held, not sufficient to prove that services were temporary-Work being of more than 9 months, held, obviously of permanent nature and workman continuously in service for four years had completed probationary period and became permanent­ Termination of service without explicit reasons in writing and with- out one month's notice or pay in lieu thereof, in circumstances, held, illegal. P L D 1980 S C 323; 1982 PLC 503 and 1982 PLC 936 distinguished. Muhammad Yaqoob and Muhammad Saeed for Appellants. Ch. Sadiq Muhammad Warraich for Respondent. Date of hearing : 7th August, 1983. JUDGMENT The seven appeals captioned above emerge from separate decisions, dated 8th March, 1983 passed by the learned Labour Court No. 6, Rawal­pindi, whereby separate grievance petitions of the respondents for their re-instatement in service were accepted and they were directed to be rein­stated in service with back benefits. As in all the…

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