Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(b)(c) & 15---Termination of service---Employee who was selected against a regular permanent vacancy was on probation for one year---Services of employee were terminated after four months of his selection without issuing him any show-cause notice and without holding -Any formal enquiry against him---Employee under provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 would be deemed to have become permanent on expiry of three months period from the date of initial appointment---Such statutory provisions of law would prevail and any condition of service to the contrary incorporated in appointment letter would be meaningless---Even during probation period an employee would be entitled to issuance of show-cause notice, which requirement could not be dispensed with on any pretext--.-Employer was duty bound to have called upon employee to explain his conduct by issuing him a show-cause notice in' writing and on obtaining his explanation in writing further action against employee should have been taken in accordance with law---It could not be pleaded that job being temporary., services of employee could at any time be terminated---Probation period being one year in case, it could safely be assumed that post in question was not for a shorter period---Labour Court, thus wrongly concluded that appointment of employee was temporary and that during probation period employee could be ousted from service without being issued a show-cause notice or a charge-sheet and without being made to face an enquiry. JUDGMENT Mukhtar Ahmad's grievance petition, filed on 23-11-1992 under section 25-A, Industrial Relations Ordinance, 1969, was dismissed on 11-7-1995 by Punjab Labour Court No.2, Lahore. He has preferred the present appeal. 2. Mukhtar Ahmad was appointed as Qasid on 18-4-1992, and his services were terminated on 18-8-1992. He was on probation for one year. Admittedly, no show-cause notice was issued and no formal enquiry was held. against the appellant. The…

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