Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)---- ---S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 18), S.Os. 1 & 12(3)---Termination of services--­Services of respondent a Security Guard in appellant's company were terminated on ground that the temporary job he was working at had been completed- --Respondent was given appointment as Security Guard from time to time and he claimed to have been working on job of permanent nature although he had not been given rights of benefits of a permanent workman--­Appointment orders of respondent workman showing that he was first appointed on temporary basis on 19-7-1984 up to 15-10-1984---Witness of .appellant admitted that according to Attendance Register respondent remained continuously employed from 19-7-1984 to 30-4-1985 on job of permanent nature---Said witness also admitted that there was presently no Security Guard who had not been made permanent since his appointment--­Respondent worker was also issued a Medical Certificate of fitness which was issued only to employees who joined duty as a permanent employees--­Appointment letters of respondent neither appearing suspicious nor showing any break in service---Held, in view of evidence of both parties admission of appellant's witness and documentary evidence, decision of Labour Court holding respondent as permanent worker was unexceptionable and termination of service was not sustainable. P.IA. v. Sindh Labour Court No. V and others PLD 1980 SC 323 ref. (b) Industrial Relations Ordinance (XXIII of 1969)---- ----Ss. 25-A & 2(xxviii)---"Workman"---Security Guard---Job of Security Guard was to check vehicles, to open and close the gate and to collect Gate passes and to enter same into Register---Security Guard thus was a "workman". N.A. Jaffary, Bar-at-Law for Appellant. Muhammad Rashid Khan for Respondent. Date of hearing: 13th August, 1990 DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. 1 at Karachi, dated 11-10-1989, whereby he ordered the reinstatement of the respondent without any back benefits. 2. I have heard Mr. H.A. Jaffery, learned Advocate for the…

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