Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) ordinance (VI of 1968)--- ----S.O.13---Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3)---Retrenchment---Turner of Agricultural Engineering Department of Sindh Government---Services terminated purportedly on account of as retrenchment---Junior retained---Termination order, in circumstances, held, rightly set aside by Labour Court awarding reinstatement with full back benefits. Mazhar Ali Chohan for Appellants. Shabbir Awan for Respondent. Date of hearing: 7th December 1987. DECISION This is an appeal filed by the appellants against an impugned order, dated 2-8-1987, passed by the Sindh Labour Court No. VII at Sukkur, who had allowed the grievance petition of the respondent Jan Muhammad son of Noor Muhammad directing his reinstatement in service with full back benefits. 2. Brief facts of the case are that the respondent, Jan Muhammad was a permanent employee of the appellants, and his services were terminated with effect from 31-7-1985, on the ground of retrenchment. He claimed that he was appointed as Machinist on 21-3-1968 and was redesignated as Turner on 22-5-1969 and was promoted as Charge-man in the year 1974 and was regularised on 1-7-1982, vide letter, dated 11-1-1983. The case - of the respondent was further that his services were retrenched with effect from 3-11-1983 which was subsequently set aside by the learned Labour Court on 24-10-1984, but, again his services were mala fidely terminated with effect from 30-7-1987, again on the ground of retrenchment and that juniors had been retained in violation of the provisions of Standing Order 13. Thus, he claimed to have submitted his grievance petition before the learned Labour Court. 3. The appellants resisted the petition on the ground that the appointment of the respondent was on contingent basis and that the provisions of Labour Law were not applicable to his case. It was further denied that any junior turner had been retained by them and that the grievance petition of the respondent was not legally maintainable for non-joinder of the necessary party i.e. the Secretary, Agriculture Department. It was also denied by…

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