Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 25-A & 38 (3)-Grievance petition against termination of service-Employer passing termination order-Cannot take a stand that petitioner was not his employee-Sind Road Transport Corpora­tion (SRTC) re-organised on incorporation of Karachi Transport Corporation (KTC)-Petitioner serving for short period with K. T. C. and paid salary by K. T. C. on behalf of S. R. T. C. and subsequ­ently services terminated by S. R. T. C. as being surplus due to re-organisation and retrenchment -Petitioner serving grievance notice both upon K. T. C. and S. R. T. C. and then filing grievance petition against both before Labour Court-Stand of K. T. C. before Labour Court that petitioner was not its employee-S. R. T. C. admitting petitioner as its employee-Labour Court finding that there was no written termination order either, by S. R. T. C. or K. T. C. and petitioner continued to be in service of K. T. C. hence awarded reinstatement with back benefits-K. T. C. going in appeal before Labour Appellate Tribunal citing S. R. T. C. also as respondent ­Appellate Tribunal without notice to S. R. T. C. allowing appeal holding that petitioner was not employee of K. T. C.-Petitioner being left with no redress of his grievance filing constitutional petition against order of Appellate Tribunal-Contention before High Court on behalf of S. R. T. C. that petitioner having challenged order of Appellate Tribunal that he was not an employee of K. T. C. could not seek any other relief accept that to be declared as employee of K. T. C. Contention rejected-S. R. T. C. having passed impugned termination order, held, could not raise plea that petitioner was not its employee-Order of Appellate Tribunal that petitioner was not employee of K. T. C. in circumstances, maintained by High Court­ Question whether or not termination was in accordance with law yet,:; remaining undecided-Case, in circumstances, remanded by High Court to Labour Court for decision regarding validity of termination order passed by S. R. T. C.-Constitutional jurisdiction Constitution of Pakistan, 1973, Art. Mazhar Ali Chohan for Petitioner. Talmiz S. Burney and Raza Hussain…

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