Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 12 & 15---Termination of service---Services of employee who had attained the status of a permanent workman after serving employer for about seventeen years were dispensed with without issuing him show-cause notice or charge-sheet or making any probe against him by way of departmental enquiry on allegation that employee had remained absent for fifteen months without leave or permission of employer----Employee who had attained status of a permanent worker and against whom there was no charge of any misconduct could not be ousted from service to the manner it was done---Labour Court, in circumstances had rightly set aside order of termination passed against employee in, violations of provisions of law. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51--Full back benefits---Entitlement---Record not showing that employee had been doing any other job or had been gainfully employed anywhere ever since dispensation of his services---Employee, in circumstances, would be entitled to back benefits in entirety. Date of hearing: 17th February, 1997. JUDGMENT Validity/operativeness of a decision, dated 31-3-1996, pronounced by the learned Presiding Officer of Punjab Labour Court No. 1, Lahore, has been assailed by the employer, namely, M/s. Wyeth Laboratories, Pakistan Limited, Gulberg, Lahore, through its Personnel Manager, the facts and legal propositions involved briefly being as below: 2. Mahmood-ul-Ahad was employed by the Wyeth Laboratories Pakistan Limited as a Packing Operator, Grade IV, in the year 1975, and his services were terminated, on 29-5-1991. It was observed by the employer that Mahmood had actually abandoned the employment and was not available to perform his duties, over a long time, in spite of gracious attitude of the management and the Wyeth Laboratories being a commercial establishment could not afford to keep the post vacant for an indefinite period, and was constrained to dispense with the services of the employee, in accordance with the conditions of 'Contract of…

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