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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1988)-- ---S.O. 13--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A 38(3)--Termination of service purportedly due to non-existence of job--Workman previously terminated but re-instated under orders of High Court--Juniors retained--Labour Court finding that petitioner ousted from service maliciously without good reasons--Appellate Tribunal convinced that impugned termination order influenced by order of High Court re-instating workman and evidence indicative that workman victimised due to malice--Appellate Tribunal, in circumstances maintaining order of Labour Court accepting grievance petition. S. Qamaruddin Hassan for Appellant. Suleman Habibullah for Respondent. Date of tearing: 19th August, 1985. DECISION This appeal is directed against the order of Sind Labour Court No. V at Karachi, dated 22-8-1983 Abid Hussain is the respondent whose story is divided in two episodes. Originally he was appointed by the appellants, National Construction Company Ltd. in the year 1975 as a helper but subsequently he was promoted as Assistant Supervisor (Electrical), vide order, 14-6-1977. Then he was given an assignment at Zarqa Project, Jordan, where neither he was sent nor the appellants released the respondent for this project. He filed a petition under section 25-A, I.R.O., 1969, which was dismissed. Even, the appeal in the Tribunal was dismissed. In a writ petition before the High Court he was directed to be reinstated. The Management went in appeal to the Supreme Court in which the leave to file the Appeal was not granted. The appellants were, therefore, constrained to reinstate him. This is the first episode of his story. After the reinstatement, he was posted in main Power Office, 49-D, P. E. C. H. S. Society by the appellants. There was work of the Assistant Electrical Supervisor but he was given various types of duties i.e., telephone operator, delivery-man, dispatcher and other works of clearance of passports apart from the job of Assistant Electrical Supervisor which work was being performed by the respondent. He performed his duties quite diligently. He applied for…

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