Case Details

Citation(s)
1997 SLG 758 1997 SLD 758 1997 PLC 378
Labour Appellate Tribunal, Sindh
Appeals Nos. 158 to 170 of 1996, decision dated: 16-05-1996.
MUSHTAQ ALI KAZI, APPELLATE TRIBUNAL

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PAKISTAN STEEL MILLS CORPORATION (PVT.) LTD. through D.G.M. and Incharge Law

VS

Syed MAZHAR HUSSAIN and 12 others

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)Ss. 2(g), 4 & S.O. 1(b)Permanent workmanEmployee who had been employed for more than 71/2 years as skilled workers in job of permanent nature and had completed three months' period of probation satisfactorily and without complaint, asked employer to make them permanentDemand of employees was rejected by employer contending that employees were temporary workers as they were not allowed to complete 90 days' period continuously, but were terminated after 89 days each time so as to defeat their claim of being permanentAny practice of defeating import of law and trying to get out of requirement of law, could not be considered as a reason to deprive a worker of the benefit that he was otherwise entitled to receive­Practice of terminating services of temporary workmen each time after 89 days could not be approved but employer had to act in a manner which was transparent and above boardEmployees who had satisfactorily completed probationary period of three months on a job of permanent nature were entitled to be classified as permanent workers. Nemo for Appellant. Date of hearing: 16th May, 1996. DECISION These 13 respondents were employed as Tin Smiths in the appellant Pakistan Steel Mills Corporation. They had asked the management for being made permanent, because they had been employed for more than 7 ½ years since 1982, as skilled workers in a job of permanent nature and they had completed their three months' period of probation satisfactorily and without complaint. After their demand was dismissed they approached the Labour Court as the matter related to the terms…
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