| Citation(s) |
|---|
| 1984 SLG 1930 1984 SLD 1930 1984 PLC 1541 |
Labour Appellate Tribunal, Punjab
Petition No. 163 of 1983, decided on 26th March, 1984.
FAYYAZ, HAMEED QURESHI, PRESIDING OFFICER
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Petition No. 163 of 1983, decided on 26th March, 1984.
FAYYAZ, HAMEED QURESHI, PRESIDING OFFICER
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GUL ZAMAN AND OTHERS
VS
PIONEER STEEL MILLS LTD.
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- -- S. Os. 12 & 15(3)(4)-Termination of services on being `no longer required'-Seniority not taken into consideration-Orders challenged as being orders of dismissal without show-cause notice etc., rather than termination simpliciter--Respondent justifying termination with charges of misconduct, negligence, irresponsible attitude/conduct towards official duty-Termination orders held to be orders of dismissal passed without observing legal formalities in circumstances Petitioners re-instated in service without back benefits. (b) Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 2 (xxviii) & 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(1)-Chowkidar/Watchman in establishment-Whether falls under definition of workman and is competent to maintain a petition under section 25-A--Held: No employee shall be excluded from definition of workman on basis of his designation alone unless that designation has been so excluded from definition of workman by Legislature itself.-Petitioners, held, workman, in circumstances. 1968 P L C 360;1981 P L C 818;1982 P L C 544; P L D 1976 Kar. 139 ; 1964 P L C 475 ; P L D 1976 Kar. 139; 1977 S C M R 103; 1976 P L C 424 and 1976 P L C 915 ref. Ghulam Qadir Cheerna for Petitioners. Malik Hamid Mahmood for Respondent. JUDGMENT This judgment shall dispose of three petitions filed by Gul Zaman, Sultan Khan and Amanullah Khan (hereinafter called the petitioners) under section 25-A of the Industrial Relations Ordinance as all the three involve common questions of fact and law and all of them were consolidated vide my order, dated 18th March, 1984 passed in Gul Zaman's case. 2. The petitioners were serving as Chaukidars in the Pioneer Steel Mills where their services were terminated vide order, dated 8th of September, 1983 which runs as follows: "As your services are no longer required by the company, the same are hereby terminated with immediate effect. You may approach our Accounts Department for settlement of your dues, if any." 3. This order has been assailed by…
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