Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 2(xxviii) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V1 of 1968). S.Os. 1(e) & 15--- Termination of services---Employee who initially was appointed temporarily for 89 days, continued to work for about four months and his services were terminated without written order---Employee challenged his termination before Labour Court filing grievance petition which was dismissed by Labour Court, but on filing appeal against of Labour Court Labour Appellate Tribunal set aside of Labour Court and ordered re-instatement of employee with full back benefits---Employer aggrieved and dissatisfied with of Labour Appellate Tribunal filed Constitutional petition against such ---Held, employee was appointed as temporary/casual worker for 89 days and according to S.O. 1(e) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, temporary workman was one who, had been engaged for work which was of essentially temporary nature likely to be finished within period not exceeding nine months---Labour Appellate Tribunal had completely ignored classification/definition of temporary workman as given in S.O.1(e) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 in which employee fell---Observation of Labour Appellate Tribunal that services of employee could not be terminated except after inquiry under S.O. 15 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, was not tenable because employee was not appointed as permanent worker by employer, but was appointed as temporary/casual worker for a fixed period---Services of employee, in circumstances, were rightly terminated by employer without written order---Order of Labour Appellate Tribunal re­instating employee, was set aside. Muhammad Yaqoob v. The Punjab Labour Court No. l and 5 and others 1990 SCMR 1539 ref. Nadeem Azhar for Petitioner. Mirza Muhammad Kazim (absent) for Respondents Date of hearing: 2nd April, 1998. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Case of the respondent No.2 in brief is that he was employed by the…

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