Case Details

Citation(s)
1997 SLG 771 1997 SLD 771 1997 PLC 388
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-93 and 94 of 1996, decision dated: 9-05-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL

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PAKISTAN STEEL MILLS CORPORATION through GENERAL Manager (A&P), Karachi

VS

ARSHAD AHMED and another

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------S.O. 12---Termination of services---Employees who were employed on daily wages on work of a permanent nature, had worked for about four years, but their services were terminated by an order stating that temporary job for which they were appointed on daily wages basis had been completed---Employees who were engaged on work of permanent nature likely to last for more than nine months and had completed their workman and their work of permanent nature could not be said to have been completed---Services of employees had been terminated in violation of S.0.12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 as neither any notice was issued to them nor explicit reasons for their termination were mentioned in termination order--Employees, thus, were rightly ordered to be reinstated in service by Labour Court. Mumtaz A. Shaikh for Appellants. M. Latif Saghar for Respondents. Date of hearing: 9th May, 1996. DECISION These appeals by the Steel Mills are directed against the order of Fourth Sindh Labour Court, Karachi allowing the grievance petition of respondent worker Arshad Ahmed and reinstating him in service with full a back benefits. 2. The respondent was engaged as a Mason with effect from 1988 on daily wages of Rs.55. He was to work at Gujju Canal Pumping Station for supplying water to the Steel Mills. This work was of permanent nature but the Steel Mills kept terminating the appointment of the respondent from time to time and then reinstating him in service so as to avoid his becoming a permanent worker. In this manner the respondent worked till 28-9-1991 when he was issued a termination order which reads as under:-- The temporary job for which you were appointed on daily wages basis has been completed. Your services are therefore terminated with effect from the close of work on 29-9-1991. You are hereby advised to collect your full and final settlement dues if any from our department as soon as possible. 3. The very wording of the termination order shows that the respondent worked continuously from date of appointment till…
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