Case Details

Citation(s)
1996 SLG 329 1996 SLD 329 1996 PLC 188
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-13 and 14 of 1995, decision dated: 5-09-1995
MUSHTAK ALI KAZI APPELLATE TRIBUNAL

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Messrs J & S ENTERPRISES (PVT.) LTD. KARACHI

VS

MUHAMMAD JEHANGIR and another Messrs J & S ENTERPRISES (PVT.) LTD. KARACHI Vs MUHAMMAD JEHANGIR and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Newspaper Employees' (Conditions of Service) Act (LVIII of 1973), S. 4---Termination of service---Services of employees were terminated without issuing them notice as required by S. 4 of Newspaper Employees' (Conditions of Service) Act, 1973 and without giving reasons for their termination despite the fact that their service period exceeded three years--­Employees being regular employees, were entitled to show-cause notices and their services could not be terminated simpliciter---Court below rightly allowed grievance petition of employees against their termination an ere rightly ordered to be re-instated in service. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Back benefits---Entitlement---Employees who were ordered to be re-instated had themselves admitted in their evidence that they were gainfully employed during period they remained out of job---Employees, in circumstances, could not claim full back benefits. DECISION These are two connected appeals by M/s. J & S Enterprises (Pvt.) Ltd., Karachi against the order of the Labour Court allowing petitions under section 25-A of the I.R.O. for re-instatement and back benefits. 2. Respondent Muhammad Jehangir was appointed by the appellant company as Chowkidar since 1-7-1989 at a salary of Rs.2,000 per month. On 22-2-1990 by a letter dated 19-2-1990 his services were terminated. After service of grievance notice he filed his petition before the Labour Court and he was ordered to be reinstated with back benefits. 3. Respondent Masieh was also sweeper employed by the said company since 7-6-1986. His services were also terminated in similar manner by an order dated 19-2-1990. 4. It has been contended by the learned Advocate for the appellants that the services of the respondents were terminated during the period of probation but period of probation is not defined anywhere in the Newspaper Employees…
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