Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)S. 25AWest Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4) & S.O. 12Removal from serviceEmployee who was removed from service without any order in writing after his five years' service, was reinstated by Labour Court holding that removal of employee was in violation of S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 as neither there was any written order of removal nor any reason for his removal was mentioned explicitlyEmployer in appeal against order of Labour Court, had contended for the first time that grievance petition filed by employee was not maintainable as employer employed less than twenty persons, and it was not governed by Industrial Relations Ordinance, 1969 and West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968Objection with regard to maintainability of grievance petition and jurisdiction of Labour Court having not been raised earlier by employer neither in his written statement nor in his argument same could not be raised subsequently at appeal stageOrder of Labour Court was maintained in circumstances. S. Izhar Ahmed, Representative for Appellant. Ashraf Hussain Rizvi for Respondent. Date of hearing: 17th April, 1996. JUDGMENT Respondent Muhammad Shahid was employed as Design Cutter with the appellant Gulco Industries. After five years service he was removed without any order in writing on 3131993. Since then he remained unemployed. 2. During the proceedings in the Labour Court the appellant Gulco Industries remained absent and the matter was heard and decided ex parte. The learned Labour Court found that the removal of the worker was in violation of the Standing Order 12(3) as there was neither written order nor were any reasons for termination mentioned explicitly. The respondent worker, was therefore ordered to be reinstated with full back benefits. One Mr. Izhar Ahmed sent as Representative by the appellant Gulco Industries. His contention is that Gulco Industries employed less than 20 persons and they were therefore not governed by the I.R.O. and the Standing…

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