Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S.O. 15Industrial Relations Ordinance (XXIII of 1969), S. 38­Removal from service without showcause notice and without assigning any reasonValidityWorkman had been in service continuously for period of two years without break although he continued to be appointed for three months' duration each time successivelyWorkman in service for period exceeding nine months would acquire status of permanent workman, who could not be ousted from service, except on grounds of misconduct, and in that event, he had to be served with showcause notice and made to face regular enquiryWorkman's ouster from service had been ordered in arbitrary manner, without observing legal formalitiesWorkman initially had not been appointed against leave vacancy, created by temporary promotion of another employeeWorkman having been employed continuously for more than two years, he had acquired vested right to remain in service and he could not be ousted, except by following course prescribed by law for terminating services of permanent employeeWorkman even though employee of Department under direct control of Federal Government, yet he could not be regarded as civil servant but was admittedly workman­Workman's removal being not in accordance with law, he was reinstated in service and was allowed half of back benefits. 1992 PLC 179 and 1992 PLC 827 ref. Shaukat Hussain Baloch for Appellant. G.M.D. Chaudhry for Respondents. Date of hearing: 20th October, 1996, JUDGMENT The learned Punjab Labour Court No. 5, Sargodha, presided over by Mehr Ahmad Yar Lali, on 381993, dismissed the grievance petition, filed under section 25A.qf the Industrial Relations Ordinance, 1969, by Zahoor Hussain, respondents in appeal here, being the respondents in the petition before the Labour Court. He has come up in appeal to this Tribunal. 2. Zahoor Hussain, vide order dated 1661990 (Exh. R. 2), was appointed against a temporary post of T.W.M. and was posted in the Telegraph Office, Chashma, District Mianwali. His services were terminated with effect from 12101992 vide Exh. R14. Actually, one Abdul Sami, T.P.O., Telegraph Office,…

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