Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.Os. 2A & 12(3)Constitution of Pakistan (1973), Art. 199­Constitutional petitionEmployment of workers without letter of appointment and termination of services without written order Effect­Labour forums ordered reinstatement of workers with back benefits­ValidityEmployer neither issued letter of termination nor any reasons were assigned for terminationProvisions of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were thus, violatedOrder of reinstatement passed by Labour Court and maintained by Labour Appellate Tribunal, did not call for any interference in circumstances. PLD 1973 SC 160; PLD. 1985 SC 341; 1995 CLL 154 and 1996 SCMR 826 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2(c)EmployerTermination of employeeEssentialsBranch Manager of Bank being employer in terms of S 2(c) of the Ordinance VI of 1968, was bound to issue termination letter with specific reasons. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 1Classification of workmen in S.O.1 of the Ordinance was conclusiveCasual workers when to be treated as permanent employees­ConditionCategory of casual worker has not been defined in the OrdinanceWorkers employed to do job of permanent nature would be termed as permanent employees and not as casual workers in spite of having been so described. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)­ S.O. 1Classification of workersTemporary worker and permanent workerDeterminationCriteriaPeriod of payment of wages would not determine nature of jobTemporary worker could be given monthly wages while permanent worker could be given daily wagesNature of job was the only deciding factor regarding classification of worker. PLD 1978 Kar. 649 ref. (e) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 12(3)Contract Act (IX of 1872), S. 188Principal and agentExtent of agent's authorityApplicability of principles of…

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