| Citation(s) |
|---|
| 1986 SLG 2166 1986 SLD 2166 1986 PLC 622 |
Labour Appellate Tribunal, Punjab
Appeal No. LHR-525 of 1985/Pb. , decided on 18th December, 1985.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. LHR-525 of 1985/Pb. , decided on 18th December, 1985.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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GOVERNMENT TRANSPORT SERVICE
VS
SARFRAZ
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os. 1(d) & 12(3)--Badli worker--Temporary worker--Termination of service--Bus conductor purportedly appointee as -Badli--Appointment neither in leave vacancy nor on account of absence of any regular appointed--Cannot be treated as Badli--Probation period of 3 months not yet completed--Could not be treated as permanent--Termination of service of even a temporary worker requires explicit reasons to be mentioned in termination order--"Service no longer required"--No reason--No case that post ceased to exist--Termination order mentioning "no longer required", in circumstances, held, not legal and not sustainable. Muhammad Iqbal Khokhar for Petitioner. S.M. Kaleem, Representative for Respondent. Date of hearing: 14th December, 1985. JUDGMENT The decision dated 18-8-1985 passed by Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged by both the parties. Sarfrai (hereinafter to be called as the respondent) has in his appeal claimed back benefits, whereas the District Manager, Government Transport Service, Garden Town, Lahore (hereinafter to be described as the appellant) has challenged the direction of re-instatement in service. Since both the appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The respondent was appointed as Badli conductor vide order, copy of which is Exh. P.1, on 25-10-1983. On 11-8-1984 his services were terminated as no longer required vide order, copy of which is Exh. P. 7. The respondent deposed in his statement that he was not appointed in any leave…
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