Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.O. 12(3)Termination of serviceReinstatement ofEmployee who was employed as carpenter cooly by employer in existing vacancy, was terminated from service, forthwithNo record was available with employer to show that appointment of employee was temporary, whereas it had fully been established that employee was permanently appointed against existing vacancyServices of employee could not be terminated forthwith without giving specific reason thereforeOrder of termination, being invalid could not, therefore, be sustained, in circumstances. DECISION This appeal calls in question the order of the Labour Court No. VIII, at Larkana, whereby the petition for reinstatement in service came to be allowed with full back benefits. It arose in the following circumstances. 2. It was alleged by the -Petitioner that he was appointed as a Carpenter Cooly by the -Respondent No. 2 in an existing vacancy by an undated letter of March, 1991 and after the requisite medical checkup had joined the service. However, his services came to be terminated forthwith by letter dated 2751991. 3. He had sent a grievance notice dated 261991 and as there was no word of comfort for him, he had filed the petition before the Labour Court culminating in this appeal. 4. The written reply was filed only on behalf of the -Respondents Nos. 1 and 2. It was alleged therein that he was engaged as a substitute Carpenter against an existing vacancy on 441991 and the appointment was on temporal basis. It was further alleged that otherwise too, the, appointment was invalid there was a ban on fresh employment imposed by the Federal Cabinet and the General Manager Lahore. The other allegations came to be denied. 5. The -Petitioner was his own witness and Iqbal Ahmad Khan Durrani, the Head Clerk of the relevant office from Sukkur appeared on behalf of the -Respondents. 6. The Labour Court, for the reasons given by it, found that the employment of the -Petitioner was on permanent basis as against an existing vacancy due to the retirement of an employee…

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