Case Details

Citation(s)
1997 SLG 729 1997 SLD 729 1997 PLC 323
Labour Appellate Tribunal, Punjab
Appeal No. GA-47 to GA-57 of 1994, decision dated: 18-07-1996.
MIAN GHULAM AHMAD, CHAIRMAN

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MUHAMMAD, RIAZ and 10 others

VS

EXECUTIVE ENGINEER, STORE AND WORKSHOP DIVISION, M.ANDI BAHAUDDIN

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)Ss. 2(xxviii) & 25AWest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4) & 5.0.12Termination of serviceReinstatementEmployees who initially were recruited temporarily for three months against posts of permanent nature and were doing manual work, their posts did not become extinct within period of nine months and they continuously served for a number of years, without any interruptionServices of employees were terminated in a mechanical and tyrannical manner without serving them showcause notices or chargesheets and they were also not made to face enquiry before termination of their services, although it had never been stated that employees were employed to carry out a specific project or to execute a particularised piece of workValidityEmployees though initially were employed for three months, but they having worked continuously for more than nine months against posts of permanent nature, had attained status of permanent employeesEmployer, thus could not terminate services of employees without strictly adhering to relevant provisions of lawOrder terminating services of employees without issuing them showcause notices or chargesheets and without holding enquiry against them, was set aside and employees were ordered to be reinstated in service. Executive Engineer, Central Civil Division, Pal, P.W.D., Quetta v. Abdul Aziz and others 1996 PLC 385 and Pakistan International Airlines v. Sindh Labour Court No. 5 and others PLD 1980 SC 323 ref. Ch. Fazal Elahi for Appellant. Ch. Muhammad Akram for Respondents. JUDGMENT By a common judgment, as many as eleven appeals, above titled, involving identical questions of facts and law, are proposed to be disposed of. 2. The appellants were employees of the Irrigation Department of the Punjab Government, having been working against lowpaid posts of such description, as Chowkidar, Helper, Gardener, Turner, Security Guard, etc. Their services were terminated, and they approached the Labour Court, Gujranwala, camping at Gujrat, for their reinstatement in service, on being treated as permanent employees. According to the respondent,…
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