Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 1 (3), 25-A & 38 (3)-West Pakistan Industrial and Com­mercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2 (i) and S. Os. 12 (3) & 15 (4)-Termination of service-Grie­vance petition-Petitioner admittedly a workman as defined under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. 1968 and employer establishment covered by Ordinance ibid-Plea that Establishment excluded from purview of Industrial Relations Ordinance, 1969 under S. 1(3), held. not relevant-Labour Court simply on point that employer establishment not covered by Industrial Relations Ordinance, 1969 dismissing grievance petition without application of mind whether S. O. 12(3) or 15(4) would be applicable-Appellate Tribunal, in circumstances, setting aside order of Labour Court and remanding case to Labour Court for decision after recording evidence. 1981 P L C 630 and Jhonson and Jhonson (Pakistan) Ltd. v. Zubair Ahmad 1980 P L C 622 rel. Ali Amjad for Appellant. Muhammad Naseem for Respondents. Date of hearing : 8th January, 1985. ORDER This is an appeal directed against the impugned order of the Sind Labour Court No. 5, Karachi, dated 5th April, 1984 whereby the grievance petition of the appellant is rejected under Order VII, rule 11, C.P.C. 2. The grievance petition is rejected on the preliminarly objections filed by the respondents that the Industrial Relations Ordinance, 1969, is not applicable to the respondent establishment in view of the fact that section 1 (4) of the Industrial Relations Ordinance, 1969, bars the jurisdiction of the Labour Court. 3. Obaidullah was a permanent workman employed with the respon­dent establishment as an Operator since 17th July, 1980. The respondents are an industrial establishment and covered by the Standing Orders Ordinance, 1968. The appellant was not allowed to perform duties since 23rd April, 1983 and was gate-stopped. He was verbally told that his services have been terminated. No written orders of the termination were communicated nor otherwise any charge-sheet was given. He has, there. fore, prayed that his services are terminated without reasons or…

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