Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)S. 25AWest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 12(3) & 20Termination of serviceReinstatementServices of employee who had worked as helper m employer factory for more than three years, were terminated without any termination order in writing giving reasonsEven if according to employer, employee was appointed as a daily wage worker through contractor and payment was being made to employee through that contractor, employer was still liable and responsible for proper observation of provisions of S.O. 20 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 Termination of service of employee without any termination order in writing giving reasons, was illegal­Employee, thus was rightly ordered to be reinstated in service with 50 % of back benefits. Mehmood A. Ghani for Appellant. Ashraf Hussain Rizvi for Respondent. Date of hearing: 2nd April, 1996. DECISION Respondent Ghulam Habib claims in his grievance petition that he was a helper in Zeal Pak Cement Factory since 2961991 and was, therefore, a permanent workman. The Zeal Pak Cement Factory in their Written Statement in para. 2 admitted that the respondent was temporary helper appointed on contract wages only for the last eleven months. This point was not clarified in the case before the Labour Court. The respondent in that Court produced a Discharge Certificate purporting to have been issued by the Zeal Pak Cement Factory. This certificate appears to have been drafted by some clerk or uneducated person but it is on the Letter Head of the factory and bears the stamp mark of the factory. This certificate reads as under: Ref. No. ZP/Admn./94 Discharge Certificate Dated 30101994 This is to certify that Mr. Ghulam Habib son of Abbas Khan has been working as a Helper in our ZealPak Medical Hospital, Hyderabad. He is not working with entire satisfaction and his discharge from service since 29101994. (Sd.) (ALI MUHAMMAD), MANAGER (ADMINISTRATION). 2. Mr. Ali Muhammad has filed an…

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