Case Details

Citation(s)
1996 SLG 464 1996 SLD 464 1996 PLC 342
Labour Appellate Tribunal, Sindh
Appeal No. KAR-405 of 1991, decision dated: 13-11-1995, hearing DATE : 22-10-1995
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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SHAHZAD ALAM

VS

PRESIDING OFFICER; IVTH SINDH LABOUR COURT, KARACHI and another SHAHZAD ALAM Vs PRESIDING OFFICER; IVTH SINDH LABOUR COURT, KARACHI and another

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(a) and S.O. 1(b)(e) &- 12--­Termination of service---Employee remained in service of employer company continuously for more than nine years, but each time before completion of ninety days' work his services were terminated and he was re-employed again on the next day---During that period of nine years employer company had been appointing employee and terminating his services for twenty-seven times simply to keep him as a temporary worker and finally his services were terminated on ground that temporary work for which he had employed was completed---Held, since work on which employee was appointed continued for about nine years, it could not be said to be of temporary nature---Services of a worker whether temporary or permanent, no doubt could be terminated under S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for explicit reasons in writing, but in case of the employee, reasons for his termination were to circumvent West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and Industrial Relations Ordinance, 1969---Termination of employee, thus was illegal in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(b)(e) & 12(3)---Termination of service---Provision of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 did not specify the type of worker and it was applicable to all categories of workers whether temporary or permanent---Reasons given for termination of employee that temporary work for which he was employed had been completed, were stero-typed as repeated termination and re-appointment of the employee for about twenty-seven times within nine years showed that employer company carried on manufacturing work continuously and there was no re-organisation or retrenchment in the company---Employee, thus was a permanent worker, but…
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