Case Details

Citation(s)
1989 SLG 1911 1989 SLD 1911 1989 PLC 746
Labour Appellate Tribunal, Punjab
Appeal No. MN-383 of 1988, decided on 31st August, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Muhammad Farooq Qureshi for Appellants. Habib Ullah for
Respondent.

DIRECTOR-GENERAL, DIRECTORATE OF PAKISTAN NATIONAL CENTRE, ISLAMABAD and 2 others

VS

FAIZ MUHAMMAD

Law:

Section:

Industrial dispute-- --- Termination of service according to terms and conditions of employment-­Terms and conditions not notified in official gazette--Workman cannot be presumed to be aware of such terms and conditions--No evidence that workman was apprised of such terms and conditions but possibility of -such information to workman also not totally excluded--Held: termination order, was rightly set aside by Labour Court and reinstatement being made on benefit of doubt to workman, he was not entitled to back benefits. JUDGMENT The appeal captioned above emerges from the decision dated 7-6-1988 recorded by the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby the respondent was directed to be reinstated in service with back benefits. 2. The respondent was employed as driver on 18-2-1977. His services were terminated on 25-11-1981 on the ground that he had been appointed on ad hoc basis. 3. It has been argued by the learned counsel for the appellants that according to term No. 2 of the Terms and Conditions contained in Exh.R-1 the services of the respondent could be terminated on 14 days notice and since it was done, the order was legal and could not be set aside. According to rule 4(3)(c) of the Government Servants (Efficiency and Discipline)…
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