| Citation(s) |
|---|
| 1987 SLG 1420 1987 SLD 1420 1987 PLC 897 |
Labour Appellate Tribunal, Sindh
Appeal No. Kar-126 of 1984, decided on 8th December, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. Kar-126 of 1984, decided on 8th December, 1986.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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SIKANDAR ALI SOOMRO
VS
Messrs NATIONAL CONSTRUCTION Ltd.
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Termination of service--Retrenchment--Fact of retrenchment due to closing of project where worker was employed established on record--Allegation of unfair labour practice and victimization on part of management not proved--Plea taken by worker that his juniors were retained while he was retrenched, neither taken by worker in his grievance notice nor in his grievance petition--Order of Labour Court dismissing grievance petition of worker against order of termination of his services, held, was unexceptionable in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Termination of service--Retrenchment--Plea, that worker was retired while his juniors were retained, was neither taken by worker in his grievance notice nor in his grievance petition but taken at a belated stage in evidence before Labour Court--Plea, held, was rightly rejected by Labour Court. 1975 P L C 32; 1975 P L C 196; P L D 1979 Kar. 490; 1981 PLC 610; 1982 P L C 582 and 1984 P L C 61 rel. Latif Saghar for Appellant. Nemo for Respondents. Date of hearing: 8th December, 1986. DECISION This is an appeal filed by the appellant against an impugned order, dated 24-3-1984, passed by the Sind Labour No.III, Karachi, who had dismissed the grievance petition under section 25-A, I . R.O. 1969. 2. Briefly the facts of the case are that the appellant was appointed on 22-10-1975 as a Typist in the respondent establishment and was posted in one of its projects, known as Hot Strip Mills Project, Pakistan Steel, Karachi. On 5-12-1982, the appellant was verbally informed by the respondent establishment that his services were terminated with effect from 30-11-1982. The appellant challenged this termination as mala fide and he then approached the Manager Personnel who then advised him to make a formal request in writing for absorption at any office or project of the respondent establishment. Then, the appellant submitted such an application, but, he was not called for re-employment. However, on 19-2-1983, the appellant served a grievance notice upon the respondent establishment and after receiving a…
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