Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.Os. 12(3) & 15(4)Industrial Relations Ordinance (XXIII of 1969), S.38(3)"Workman"Removal from service without observance of legal formalitiesValidityWorkman having remained in service continuously for period exceeding nine months had acquired permanent statusSuch workman's removal from service could not be ordered, except through due process of law i.e., by observance of all legal formalities such as issuance of showcause notice, chargesheet and holding of regular departmental inquiry into alleged incidents of delinquency of misconductNo such charge being against workman, dispensation of his services, simpliciter, on whims of Authorities would not be, justifiedTermination order having not been despatched to workman by post and there being no authentic evidence in proof of allegation that he had refused to receive order of removal from service, assertion as regards grievance notice, followed by grievance petition being timebarred, would not evidently be tenable, especially when his departmental appeals had not been decided as yetImpugned order of removal from service being not sustainable in law, was rightly set aside by Labour CourtOrder of reinstatement of workman was affirmed by Labour Appellate Tribunal and he was found entitled to half of back benefits for the period during which he was not on rolls of establishment. Rana Farman Ali Sabir for Appellants. Zahid Ikram for Respondent. Date of hearing: 24th November, 1996 JUDGMENT By an order dated 15121991, services of Muhammad Ashraf, respondent Supervisor, were terminated, and the said order was successfully brought under challenge by having recourse to the Punjab Labour Court No.4, Faisalabad, as his grievance petition was accepted on 1461993, and he was ordered to be reinstated in service, although without back benefits. The 'Authorities' of the Provincial Buildings Department have preferred the present appeal. 2. Muhammad Ashraf was employed as supervisor, and was removed from service, as Lineman, on 30121991, according to him. There was one percent quota reserved for disabled persons in Government service.…

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