| Citation(s) |
|---|
| 1992 SLG 820 1992 SLD 820 1992 PLC 459 |
Labour Appellate Tribunal, Sindh
Appeal No. HYD-113 of 1989, decided on 11th March, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. HYD-113 of 1989, decided on 11th March, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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MUHAMMAD BASHIR
VS
MUHAMMAD BASHIR vs
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 12(3)---Dismissal from service---Appellant was appointed as a Chowkidar---Services of appellant were terminated without showing explicit reasons for termination---Appellant's duties involved protection of staff, installations and buildings of Establishment so that he might intercept an intruder or an unauthorised outside person from any illegal act---Appellant as such performed manual work and he would be considered a workman and provisions of West Pakistan Standing Orders Ordinance, 1968 were applicable to his case---Order of termination of service of appellant did not show any reason for such termination---Such order was declared untenable and was set aside---Appellant was reinstated in service with fifty per cent back benefits. Rab Nawaz v. Sindh Labour Appellate Tribunal and others PLD 1987 Kar. 175 and Security Papers Limited v. Sindh Labour Appellate Tribunal PLD 1988 SC 180 rel. (b) Industrial Relations Ordinance mm or 1969)--- ----S. 25-A---Back benefits---No satisfactory evidence existing on record to show as to whether appellant during intervening period was gainfully employed or remained unemployed---Only fifty per cent back benefits were awarded in circumstances. Ahsanul Haq Siddiqui for Appellant. Khalil Ahmad Khan for Respondent. Date of hearing: 10th March, 1991. DECISION This is an appeal against the order, dated 14-1-1989 passed by learned Presiding Officer, Sindh Labour Court No. VI at Hyderabad whereby petition of the appellant was dismissed. 2. I have heard Mr. Ahsanul Haq Siddiqui, learned Advocate for the appellant and Mr. Khalil Ahmed Khan, learned counsel for the respondents and have also gone through the record and proceedings of the case. 3. Admittedly the appellant was `Chowkidar' employed by the respondents. He claimed that he also used to work as `peon', but as held by the learned Labour Court, apart from his own word, there is no evidence in support of his contention. Even the appellant does not specify as to what duties of peon he used to perform. However, the…
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