Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25 A--Grievance petition--Termination of services--Respondent employed as an Electrician by appellant firm for a certain project and after promotion was not sent to any other project as post to which he was promoted had fallen vacant in that very project where he was working--Appellant firm failing to establish that at time when services of respondent were terminated project m question had been completed or that there was no work--Respondent worker in his evidence deposed that his juniors were retained in service and this evidence was not rebutted--Order of reinstatement of respondent passed by Labour. Court maintained. JUDGMENT This is an appeal directed against the decision dated 4-9-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi~ whereby the respondent was directed to be reinstated in service with back benefits. 2. The respondent was employed as an electrician vide order Ex. P-1 dated 4-12-1979 by the Project Manager in compliance with the order of the General Manager, Mechanical Construction Project, Lahore for the duration of Simli Dam Project. He was promoted vide order dated 24-5-1981 Ex. P-2 as Electrical Foreman Grade-II by the Project Manager as decided by the General Manager. Vide order EX.P-3 dated 10-10-1985 the services of the respondent were terminated by the Project Manager on the ground that the work of Simli Dam Project had been completed. 3. The learned lower Court has held that the respondent was employed not for Simli Dam Project since the appointment order was issued in compliance with the order of the General Manager, Lahore. The other reason given by the learned lower Court is that the question of promotion of the respondent too was decided by the General Manager, Lahore. The learned lower Court has lost sight of the fact that the appointment order Ex. P-1 as well as the promotion order Ex.P-2 is signed by the Project Manager and in both the documents the word `hereby' was used. It is thus clear that the respondent was taken in service and was promoted by the Project Manager. It appears that the General Manager was to be consulted according to…

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