| Citation(s) |
|---|
| 1992 SLG 1139 1992 SLD 1139 1992 PLC 1135 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-113 of 1990, decided on 26th November, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. KAR-113 of 1990, decided on 26th November, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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1992 P L C 1135 METRO GARMENTS INDUSTRIES
VS
SAJID HUSSAIN 1992 P L C 1135 METRO GARMENTS INDUSTRIES vs SAJID HUSSAIN
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 196R), Ss.l & 12(3)---Termination of services--Worker's services were terminated without any order in writing on ground of being temporary---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) was applicable to factory concerned and terms and conditions of service of its workers were governed by the said Ordinance---Work on which employees were employed lasted for more than nine months---Worker in fact appeared to have been retrenched but after said retrenchment workers who were junior to him were allegedly taken back--Order of termination in writing was necessary to all types of establishments, as required by S.O. 12(3) including temporary workers--No written order was given in case of workers and no reason was given for termination which was basic requirement of the law---In absence of any order in writing showing explicit reason for termination of service, workman could not be in a position to effectively pursue his remedy under S.25-A of Industrial Rc1ations Ordinance---Order of reinstatement passed fry Labour Court was upheld. Pakistan International Airlines v. Sindh Labour Court No. 5 and others PLD 1980 SC 323 rep. Wasi Ahmed, Representative for Appellants. Muhammad Saleem Khan for Respondent. Date of hearing: 26th November, 1990. DECISION This is an appeal against the order, dated 7-4-1990, passed by learned Presiding Officer, Sindh Labour Court No. III, Karachi, whereby the grievance petition of the respondent was allowed and he was ordered to be reinstated with full back benefits. 2. The brief facts of the case are that the respondent was admittedly appointed as workman on 26-4-1988 by the appellants and his services were terminated without any order in writing on 16-12-1988. After serving grievance notice upon the appellant, he filed grievance petition before the Labour Court. 3. I have heard Mr. Wasi Ahmed, learned representative for the appellant and Mr. Muhammad Saleem Khan, learned Advocate for the respondent and have also gone through the record and…
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