Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Reinstatement--Respondent worker, who was formerly working in work-charged establishment but was later converted to regular cadre, transferred on deputation to SCARP Sakrand where he was not allowed to join new assignment as his services were no longer required there and he was sent back--Such workman was also not taken back by his parent office for continuation of his services although he was senior to others working in parent office--Held, since respondent worker had been sent on deputation, by his parent department/ appellant on repatriation was bound to take him back on duty--Worker ordered to be re-instated in service with full back benefits. DECISION This is an appeal filed by the appellants against an impugned order, dated 28-9-1983, passed by the Sind Labour Court No. VII, Sukkur, who had allowed the grievance petition of the respondent under section 25-A, I.R.O., 1969. 2. Briefly stated the facts of the case are that the respondent was appointed as Assistant Storekeeper in the Mechanical Engineering Department on work-charge establishment on 1-4-1971 and the nature of duties used to be performed by him was clerical and manual. On 1-7-1982 all the work-charge establishment workers were converted into regular cadre, therefore, the respondent also stood converted into regular cadre. On 19-7-1982, the respondent was verbally relieved and was advised to report for duty on deputation to Tube well Operation Division on SCARP-Sakrand. But, as his services on transfer/ deputation was not required necessary by the Executive Engineer SCARP, and it was also without sanction of the competent authority, therefore, the respondent vide letter, dated 17-2-1983 was directed to contact to his original office for continuation of his service. According, to the respondent, despite all his best and tireless efforts, he was not allowed by Mechanical Engineer-1 appellant No.l, to joint duties and though he was the senior most Assistant Store-keeper in the Division, yet appellant Nos.2 to 3 namely, Muhammad Tasleem and Kamaldin who were junior to him were still working. Further, the case of the respondent…

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