Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 2(xxviii)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i), S.Os. 1(b) & 12--­Permanent workman- --Termination of service--Employees who were appointed on work-charged basis for six months, continued their services without any break for a period of about three years and payment of wages for even holidays had been made to them---Employer considering appointment of employees on ad hoc basis, terminated their services without observance of provisions of S.O. 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employees who were appointed on work-charged basis, having remained in service continuously without any break for about three years, had attained status of permanent workmen and their services could not be terminated without observing provisions of S.O. 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employees were rightly ordered to be re-instated in service by Labour Court treating them as permanent workmen in circumstances. 1996 SCMR 1349; 1989 PLC (C. S.) 8; 1995 PLC (C. S.) 611; 1995 PLC (C.S.) 648; 1995 PLC (C.S.) 765; 1995 PLC 625; 1995 PLC 650 and PLD 1996 SC 610 ref. Ch. Muhammad Akram for Appellants Saleem Baig for Respondents Date of hearing: 10th October, 1997 JUDGMENT By the present judgment, I propose to dispose of the two appeals captioned above, the facts and legal propositions involved being identical. Learned Labour Court, Sargodha had on 14-9-1995 accepted the two grievance petitions, one filed by Munawar Iqbal etc. and the other by Tariq Mehmood, allowing half of the back benefits to all of them, excepting one Amjad Ali, who was held disentitled to the benefits, for the period for which he had served on daily wages. Employer has come up in appeal. 2. The respondents were appointed on work-charged basis, in different capacities of low-paid employees, in the year 1990, and their services were terminated on 18-8-1993. These orders were challenged by the employees as being not sustainable in law, although the establishment, namely, the Irrigation…

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