Case Details

Citation(s)
1994 SLG 358 1994 SLD 358 1994 PLC 626
Labour Appellate Tribunal, Sindh
Appeal No. KAR-174 of 1992, decision dated: 7-04-1994
AGHA ALI HYDER, APPELLATE TRIBUNAL

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M/s. PAKISTAN STEEL MILLS CORPORATION LTD., KARACHI through General Manager, LAC

VS

SHAH AZMAT

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.Os. 2A & 12(3)Removal from serviceVerbal removal Legality­Employee who according to his assertion had worked as fitter for about seven years, was verbally removed from service by employersContention of employers was that employee was never in their permanent employment, but had worked for some time as temporary daily wageearner and left service of his ownEmployers had further contended that employee being temporary daily wageearner, neither was entitled to appointment letter showing terms of his appointment nor order in writing showing reasons of his removal from serviceContention of employers were repelled in view of the fact that whatever the nature of appointment may be employee could not be removed from service without order in writing explicitly stating reasons for such removalVerbal removal of employee, in circumstances, could not hold ground, in circumstances. DECISION This appeal calls in question the order of the Labour Court No. IV, Karachi, whereby the -Petitioner was reinstated in service with "consequential benefits". It arose in the following circumstances. 2. The -Petitioner alleged that he had been working with the -Respondent as a fitter since 1984 and had been verbally removed from the job on 1611991. He had sent the grievance notice and as there was no word of comfort for him, he had filed the petition before the Labour Court. 3. In the written statement filed by the -Respondent all that wasstated was "that the applicant was never in employment since 1984 till 1611991 as permanent employee as alleged. The applicant has worked for some time as temporary daily wageearner in the year 1990 and left the service of his own accord since 1611991, as no notice is to be given by a temporary employee in law....." 4. The -Petitioner was his own witness and Mehfooz Hussain Zaidi, Deputy Manager, Accounts Department and Haroon Rashid Abbasi, an employee of Security Department…
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