| Citation(s) |
|---|
| 1997 SLG 773 1997 SLD 773 1997 PLC 392 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-457 of 1995; decided on 8-08-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
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Appeal No. KAR-457 of 1995; decided on 8-08-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL
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INDUSTRIAL CLOTHINGS (PVT.) LTD., KARACHI
VS
HAIDER ZAMAN
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.Os. 1(e) & 12(2)Temporary workerTermination of servicesTemporary worker who was assigned work for a period of less than nine months could be terminated without notice and his services could be dispensed with without any chargesheet or stigma. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.Os. 1(a), (e) & 12Permanent worker Criteria forTermination of serviceCriteria for becoming a permanent worker was that work done by him should be of permanent nature and he must have satisfactorily completed period of probation of three monthsWhere worker was employed temporarily for a work which was not of permanent nature, he could not become permanent even if he had completed period of nine months due to work lasting for a longer period than expectedEmployee who was appointed as a temporary worker according to appointment order, terms and conditions of which were accepted by him could not claim to be a permanent worker appointed for a lifetime merely because he had worked for more than three monthsEven a permanent workman's services could be terminated simpliciter under S.O. 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Pakistan International Airlines v. Sindh Labour Court No. V PLD 1980 SC 323 ref. Syed Wazarat Hussain Zaidi for Appellant. Muhammad Ayub Khan for Respondent. Date of hearing: 8th August, 1996. DECISION This appeal is directed against the order of Fourth Sindh Labour Court, Karachi allowing the grievance petition of one Haider Zaman filed under section 25A of the I.R.O. and directing his reinstatement in service with full back benefits. 2. The facts in brief are that the respondent Haider Zaman was employed as a helper on temporary basis in the factory of the appellant. After a period of six months, the services of the respondent were terminated allegedly on completion of the special undertaking for manufacture of gloves. The appointment order dated 2991993 shows that Haider Zaman was appointed as temporary helper on monthly wages of Rs.800 plus 200…
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