| Citation(s) |
|---|
| 1985 SLG 1740 1985 SLD 1740 1985 PLC 289 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-176 of 1983, decided on 12th November, 1984.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. HYD-176 of 1983, decided on 12th November, 1984.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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SIND ROAD TRANSPORT CORPORATION
VS
MUHAMMAD AQAL
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.15--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Termination of service of permanent worker on account of unsatisfactory performance--Amounts to dismissal--Order passed without following procedure of 5.0.15--Held, rightly declared as illegal by Labour Court. 1979 S C M R 304 ref. Races Mushtaq for Appellant. Ishaq Abbasi for Respondent. Date of hearing: 12th November, 1984. ORDER This appeal is directed against the order of the learned Labour Court No. VI, at Hyderabad, dated 30-4-1982. The learned Labour Court, however, accepted the grievance petition of the respondent ordered re-instatement with back benefits. 2. The facts are that the respondent, Muhammad Aqal, was serving with the appellants as a Conductor. His services were terminated by an order of the appellants on the ground that his services during probation period were not satisfactory. Subsequently the grievance application was filed by Muhammad Aqal which was decided by the learned Labour Court. 3. In his grievance application the respondent stated that he was appointed on 15-9-1981 and had along before completed his period of probation and as such he was a permanent workman. 4. The stand taken by the appellants that the removal of the respondent from service took place during his probationary period. It denied the fact that the respondent was a permanent workman. During the course of evidence while it was admitted that he was…
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