Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 22-(4)(a) & 22-A(8)(g)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(b) & 12(3)--­Permanent workman--- Termination of service---Employees who had continuously served employer- Establishment as ' Malies and Baildars' for a period of more than nine months and some of them even more than three years, had attained the status of permanent employee--- Services of such employees, could only be terminated/dismissed or retrenched, in accordance with provisions of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 especially when employees being Malies and Baildars' were engaged in jobs of permanent nature and had successfully completed period of probation and further service of nine months. 1989 SCMR 888; PLD 1980 SC 323 and 1993 PLC 303 ref. ORDER This common order will dispose the above-titled three cases, in which the identical questions of law are involved. In all the three petitions the petitioners have contended that they are serving the establishment of Capital Development Authority, for a period of more than five years and therefore, in due course of time and by the operation of law they have attained the status of a permanent employees of the establishment. It was submitted that by the process of time they have also become the members of the C.D.A. Employees Federation which is registered as an industry wise trade union and is also the non-collective bargaining agent of the Establishment. It was contended that all the petitioners are working against the posts which are of permanent nature but the respondents, due to the annoyance with their trade union activities, are bent upon victimization of the petitioners by way of dismissal, termination, retrenchment or otherwise removal from service, which constitute an act of unfair labour practice within the meaning of section 15 of the I.R.O., 1969. Considering such` averments interim injunction was granted in favour of the petitioner. 2. The petition was strongly contested by the respondents by way of filing written statement and rejoinder to the…

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