Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38(3)---Work-charged worker---Services repeatedly terminated and re-employment made with gaps---Petitioner, however, was marked present continuously since by first appointment---No justification adduced for terminations of his service---Termination orders and re-employments in circumstances, held, fake---No evidence that principle of first come last go followed---Plea that workman was work-charged hence could be terminated as no longer required repelled---Grievance petition against termination of service, held, was rightly accepted---Petitioner workman stating that since termination he was jobless---Labour Court's order allowing 50% back benefits, in circumstances, modified by Appellate Tribunal allowing to full back benefits. Nasim Sikandar for Appellant. Mian Farzand Ali for Respondent. Date of hearing: 17th November, 1986. JUDGMENT The two appeals captioned above arise from the decision dated 3-9-1986 recorded by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby Muhammad Rafiq (hereinafter called as the respondent) has been directed to be reinstated in service without back benefits. The respondent has in his appeal claimed back benefits, whereas Faisalabad Development Authority (hereinafter described as the appellant) has challenged the direction of reinstatement in service of the respondent. As the two appeals arise from the same decision, they are being disposed of together through this single judgment. 2. The respondent was treated as a work-charged worker and his services were terminated on the ground that they were no longer required. It has been argued by the learned counsel for the appellant that the respondent was either a work-charged or a temporary employee, as his services were terminated many a times…

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