| Citation(s) |
|---|
| 1996 SLG 276 1996 SLD 276 1996 PLC 58 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-1 of 1995, decision dated: 8-08-1995, hearing DATE : 6-08-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-1 of 1995, decision dated: 8-08-1995, hearing DATE : 6-08-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL
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M/s. TELEPHONE INDUSTRIES OF PAKISTAN (PVT.) LTD., KARACHI
VS
WASEEM AHMED and 20 others M/s. TELEPHONE INDUSTRIES OF PAKISTAN (PVT.) LTD., KARACHI Vs WASEEM AHMED and 20 others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 13---Termination of service---Services of employees who worked for more than six years in establishment were terminated and employees filed grievance petition under S. 25-A of industrial Relations Ordinance, 1969 against their termination---Court declared employees to be permanent workers and ordered their re-instatement in service with full back benefits---Employees were to be re-instated in service within fifteen days of order of re-instatement, but Management on last date by which employees were to be re-instated, again terminated services of employees stating that job for which they were employed was not available--Evidence on record showed that after termination of employees new workers were employed in same category which clearly showed that requirements of S.O. 13 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were not complied with as last persons employed in category had not been retrenched---Language used in termination order which was issued by establishment after order of re-instatement of employees was passed by Court, was clearly in the nature of contempt of lawful orders passed by Court----Establishment having openly disobeyed final order of Court according to which employees were directed to be re-instated, retrenchment/termination order passed by establishment after re-instatement of employees, could not be sustained. DECISION This appeal by Telephone Industries of Pakistan is directed against the order of Vth Sindh Labour Court, Karachi allowing 20 applications of Telephone workers filed under section 25-A of the I.R.O. for re-instatement in service. The facts of the case in brief are, that 20 workers had joined the Telephone Industries of Pakistan from 1976 to 1985 as mechanics, technicians and Technical Assistants. The services of these workers were terminated about the year 1989 although they had worked on the average for six or seven years each, and they claimed to be permanent workers. Being aggrieved the workers filed their grievance…
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