Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 12(3) & 15(3)(e)---Misconduct---Termination of services---Employee earlier was charge-sheeted for misconduct under S.0 15(3)(e) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for remaining absent for more than ten days, but that operation was given up---Later on services of employee were terminated simpliciter for the reason that his services were no longer required---Employer under S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was required to mention explicit reasons for termination of services of employee and "services no longer required" could not be considered to be explicit reason for termination of services of employee---Labour Court, in circumstances, had rightly set aside order terminating services of employee. DECISION This appeal is directed against the order of the Fifth Sindh Labour Court, Karachi, allowing the petition of respondent, Pervaiz Akhtar, for reinstatement under section 25-A of the I.R.O., 1969. 2. The respondent was appointed as a Waiter in the Hotel Holiday Inn on 30-5-1981. He was confirmed. The respondent, thereafter, took active part in his Union. He was charge-sheeted and removed but he was, afterwards, re­appointed as a Waiter on 1-10-1986. In January, 1989, the respondent was promoted and re-designated as Incharge Pastry Department. There was only one other worker with him and he had no supervisory and managerial duties to perform. He continued to work in Pastry Unit. 3. The respondent proceeded on leave from 1-2-1989 to 4-3-1989 and left for India. There he fell ill and applied for extension of leave with Medical Certificates from qualified Doctors dated 1-3-1989 and 15-3-1989 that he was suffering from Enteric fever. The Hotel Management, however, issued a charge-­sheet for misconduct of remaining absent for more than ten days. The enquiry was fixed on 5-4-1989 and the respondent hurried from India and reached Karachi on the same day in the evening but the, date of enquiry was not…

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