| Citation(s) |
|---|
| 1988 SLG 532 1988 SLD 532 1988 PLC 251 |
Labour Appellate Tribunal, Punjab
Appeals No.FD-645 to 647 of 1986, decided on 8th December, 1986
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Asadullah Siddiqi and Malik Muhammad Saleem for Appellant. M. A. Javed for
Respondents.
Appeals No.FD-645 to 647 of 1986, decided on 8th December, 1986
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Asadullah Siddiqi and Malik Muhammad Saleem for Appellant. M. A. Javed for
Respondents.
KAKAKHEL INDUSTRIES LTD. FAISALABAD THROUGH ITS MANAGING DIRECTOR /PERSONNEL MANAGER/FACTORY MANAGER and 2 others
VS
MUHAMMAD ARSHAD and 2 others
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.1(b)--Permanent workman- -Termi nations on grounds of decrease of work and re-employment on fresh applications with gaps of seven to ten days each time--Party, held, could by legal means avoid provisions of law--Employee could be deemed to have been in continuous service only if terminations and re-employment were fictitious-No evidence of continuous service for 9 months--Employee, in circumstances, held, could not claim permanency from date of initial appointment. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O.12--Termination of service--Grounds--Services no longer required, held, was not a valid ground for termination of service. JUDGMENT The three appeals captioned above arise from the decisions dated 25-10-1986 recorded by the learned Presiding Officer, Punjab Labour Court No.5, Faisalabad, whereby all the three respondents were directed to be re-instated in service. The points involved in all the three appeals are similar and the only difference is that the orders of appointments and removal from service of the three respondents are of different dates, except the orders of final termination, therefore, all the three appeals are being disposed of together through this single judgment. 2. So far as Safdar Asim, respondent, is concerned, he was recruited in service vide order Exh.P.l dated 17-5-1983 on his application Exh. R-4. -His services were terminated on 16-8-1983 vide order Exh.P.2 and he was on his application Exh.R.5 re-employed vide order Exh.P.3 dated 18-8-1983. His services were again terminated vide order Exh.P.4 on 17-11-1983 and he was re-employed on 20-11-1983 with effect from 21-11-1983 vide order Exh.P.5 on his application Exh.R.6 dated 19-11-1983. His services were terminated once again vide order Exh.P.6 on 19-2-1984 and he was on his application Exh. R.7 dated 20-2-1984 re-employed vide order dated 25-2-1984 Exh.P.7 with effect from 27-2-1984. His services were again terminated but the order of his termination is not on the record. He was re-employed on his application Exh. R.8…
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