| Citation(s) |
|---|
| 1986 SLG 1979 1986 SLD 1979 1986 PLC 247 |
Labour Appellate Tribunal, Sindh
Applications Nos. 126, 232, 262 and 263 of 1983, decided on 7th December, 1983
A., J. BACHANI, PRESIDING OFFICER, HAFEEZUR REHMAN AND 3 OTHERS
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Applications Nos. 126, 232, 262 and 263 of 1983, decided on 7th December, 1983
A., J. BACHANI, PRESIDING OFFICER, HAFEEZUR REHMAN AND 3 OTHERS
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VS
KARACHI TRANSPORT CORPORATION and another
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. Os. 1 (d) & 12(3)--Industrial Relations Ordinance (XXIII of 1969), S. 25-A--Badli workman--Termination of service--Notice not necessary but reason must be mentioned in written' order of termination--Badli workman on termination has right of cause of action to come before Labour Court and Labour Court has to see whether termination was in accordance with law and discretion based on judicial principles--Badli workman can be on daily wages or otherwise but such appointment is of purely stop-gap ad hoc nature creating no vested right of permanency though a Badli workman can claim to be given preference on basis of good performance and suitability if incumbent of post not returning back--Badli conductor engaged on daily wages--Services terminated before serving for 90 days--Termination order stating "services no longer required"--Such words, held, suffice to indicate (i) actual incumbent returned, or (ii) vehicles were short, or (iii) administrative convenience--Termination order, in circumstances, held, not exceptionable--Termination made without written order indicating reasons-Termination in circumstances, held, illegal--Management however directed to give preference to ousted Badli workers in case of future vacancies. 1979 P L C 475, 1980 N L R, 143 and 1979 P L C 131 rel. Chaudhry & Co. for Applicant No. 2. S.P. Lodhi Representative for Applicants Nos. 1, 3 and 4. Ghulam Hussain for Respondents. DECISION These are four applications, filed by Badli conductors, challenging their termination, from the employment that this action by K.T.C. was not in accordance with the law. 2. Ghulam Murtaza claims that he has been in service of the respondent Transport Corporation, when it was Omni Bus Service. The services of the applicants were assured of the permanent nature, but the Karachi Transport Corporation has followed illegal practice for asking them to file fresh application, periodically before the completion of 90 days and thereby terminate the services. Likewise the services of the applicant were terminated on 23-5-1983, without assigning any reason and…
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