| Citation(s) |
|---|
| 1995 SLG 1133 1995 SLD 1133 1995 PLC 240 |
Labour Appellate Tribunal, N.W.F.P.
Appeal No. 191 of 1993, decided on 20th July, 1994.
ABDUR REHMAN KHAN, CHAIRMAN
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Appeal No. 191 of 1993, decided on 20th July, 1994.
ABDUR REHMAN KHAN, CHAIRMAN
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MUHAMMAD ISMAIL
VS
DIVISIONAL ENGINEER, CARRIER AND COAXIAL CABLES, NOWSHERA and 2 others
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-_. ----S.Os. 1(1) & 12---Termination of service---Re-instatement---Employees who served in establishment for about 3/4 years were terminated on ground that their services were -not more required as trained persons were recruited in their stead---Employees who had served far more than three years had attained status of permanent workmen and even if they were issued fresh appointment letters intermittently that would not nullify their such status--Employees were permanent workmen in the establishment and while dispensing with their services, it was incumbent upon employer establishment to have adopted procedure laid down in 5.0.12 of the Ordinance---Such procedure having not been adopted, order terminating service of employees was set aside and employees were ordered to be reinstated in service with full back benefits and wages. Abdul Waheed for Appellant. Ghulam Sabir for Respondents. JUDGMENT This judgment will dispose of the connected Appeals .. No.192/93 "Ghulam Akbar v. Divisional Engineer, T & T etc.", No.193/93 "Ghulam Habib v. Divisional Engineer, T & T etc.", and No. 194/93 "Samiullah v. Divisional Engineer T and T etc." as they arise from a common judgment of the learned Labour Court dated 26-10-1993 whereby the grievance petitions of the appellants were dismissed. The appellants feeling dissatisfied with the said judgment have challenged its validity in appeal in this Tribunal. Brief facts of the case are that the appellants were employed in the establishment of the respondents as Wiremen and served as such for about 3/4 years. Their services were terminated on 4-5-1992 vide Exh. PW-1/2 on the ground that their services were no more required as trained persons were recruited in their stead. They served grievance notice but futile. Thereafter, they filed grievance petitions before the Labour Court which were contested by the respondents by filing written statement. The stand of the petitioners was that they had served for more than three years and have thus attained the status of permanent workmen whereas the respondents denied the status of the…
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