Law:

Section:

Industrial dispute-- ---Termination of service-Completion of project--Termination verbally raises presumption that termination was made in back dates--Appointment order not indicative that same was for particular work--Termination, in circumstances, held, not legal unless on grounds that no scheme or project of any sort was in operation. Mian Farooq Ahmad for Appellant. Ch. Muhammad Hanif for Respondents. Date of hearing 15th January, 1986. JUDGMENT The three appeals captioned above arise from the decision dated 29-8-1985 recorded by the learned Presiding Officer, Punjab Labour Court No.2, Lahore, whereby the respondents were directed to be re-instated in service with back benefits. As the grievance petitions of the respondents were decided by a single order and as facts and law points involved in all the appeals are common, all of them are being disposed of together through this single judgment. 2. On the plea that the Scheme was near completion and as the provision of work charged establishment and the estimate had exhausted the services of the respondents were terminated. The case of the respondents was that when they brought the grievance petitions for their confirmation, they were terminated orally and afterwards the orders of termination of their services were prepared in back date. This plea has found favour with the learned lower Court and the finding appears to be correct. There is no evidence that the orders of termination were conveyed to the respondents in writing. For the termination of services written information may not be necessary but in such cases genuineness of the order can be challenged. The objection could be successfully met by the appellant by producing the pay disbursement record. It…

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