Case Details

Citation(s)
1995 SLG 1299 1995 SLD 1299 1995 PLC 514
Labour Appellate Tribunal, Sindh
Appeal No. KAR-368 of 1994, decided on 22nd March, 1995.
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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Messrs SHABBIR TILES AND CERAMICS LTD.

VS

LIAQUAT ALI and another

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 12---Termination of service---Services of employee were terminated by an order in writing on ground of reorganisation and in consequence of retrenchment---Employer had produced a number of documents in evidence to prove necessity for effecting re-organisation and no evidence was available to show that action of employer against employee was mala fide---Services of employee, in circumstances, were rightly terminated in view of fact that any workman could be retrenched or his services terminated by order in writing giving reasons and no workman could be a thrust on management against their reasonable orders of termination. 1981 PLC 24 and Sultani Gul and others v. Shabbir Tiles and Ceramics Ltd. 1992 PLC .192 ref. Faruq Abdul Ghani, Representative for Appellant. Gohar lqbal for Respondents. Date of hearing: 20th March, 1995. DECISION This appeal is directed against an order of Fourth Sindh Labour Court, Karachi, whereby the respondent's petition under section 25-A of the IRO was allowed and he was ordered to be reinstated in service with full back benefits. 2. The facts of the case in brief are that the respondent was appointed as a clerk on 5-3-1986 and was posted in the Security Department of the Shabbir Tiles Factory. On 31-8-1989 the respondent's services were terminated by an order in writing stating the reason for the action taken to be re-organisation and consequent retrenchment. 3. The case of the respondent is that he has been victimized for joining the Union and therefore his services were terminated with one month's notice pay. 4. The learned representative for the appellant Mr. Faruq Abdul Ghani has pointed out that by re-organisation is meant effecting retrenchment as a matter of economy. It is a right of management and it is within their discretion to terminate the services of any worker under Standing Order 12(3) of the Standing Orders Ordinance, 1968. All that is required under the law is that the re-organisation should not be a cloak to get rid of the service of any unwanted employee. All that they have to show is that the re-organisation was…
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