Case Details

Citation(s)
1993 SLG 1251 1993 SLD 1251 1993 PLC 303
Sindh High Court
C.P. No. D-242 of 1991, decided on 14th May, 1992.
MAMOON KAZI AND AHMED YAR KHAN, JJ

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METRO GARMENTS INDUSTRIES, KARACHI

VS

Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ---S.Os & 12---Temporary employee---If nature of work for which employee was employed, was temporary and for a limited period, then even if employee had worked for more than nine months, he would not be classified as a "permanent workman"---Services of a temporary workman could be terminated by employer at any time and no notice would be required to be given to him like in the case of a permanent workman unless services were terminated on account of misconduct. Pakistan International Airlines v. Sindh Labour Court No. 5 PLD 1980 SC 323 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 1 & 12---Termination of services of a temporary employee--­Employee who was employed to do work of temporary nature, was terminated in accordance with his appointment order---Even if work for which employee had been employed had not been concluded till the time when services of employee stood automatically terminated according to appointment order, employer was at liberty to terminate services of employee since his status as temporary workman was not in question---Status of employee not being in dispute, it was for employer to determine when his services would be required to be terminated. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 1 & 12---Temporary workman---Employee according to letter of appointment was employed on purely casual and temporary basis for specified period and after expiry of said period, his services were automatically to stand terminated---Once date on which services of employee were to be terminated and reasons for such action were communicated to him, employer was not obliged to serve employee with another notice under Standing Order 12(3) of Ordinance, 1968, particularly when his services could be terminated by employer at any time without notice even if work for which employee had been employed, had not yet been concluded. Ch. Muhammad Ashraf Khan for Petitioner. Salim Khan for Respondents. Date of hearing: 14th May,…
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