Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)S. 2(i) & S.O. 12Removal from serviceEmployee was removed from service on ground of allege' reorganisation and curtailment of staff­Employer's contention was that in accordance with terms and conditions of service of employment, employee could at any time be asked to quit­Contention of employer was repelled as employee who was a workman, would be governed by provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and not by terms and conditions set forth in a unilateral manner by employer­Employee, thus, could not be ousted from service just at the whim of employer because law and not the personal wishes of employer would rule supremeTermination simpliciter, was not possible and employee could only be ousted from service an valid and permissible premises and legally sustainable grounds. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.Os. 12 & 13-Termination of serviceRetrenchment due to alleged reorganisation and curtailment of staff was proved to be only a device made use of in a treacherous, fictitious and mala fide manner by employer as after termination of service of employee, two employees one after the other were employed in place of employeeIf at all retrenchment was to take place, a junior to employee was to go, but instead the employee who was senior was asked to quit and his juniors were retainedNo evidence was led by employer to the effect that financial crisis was faced by it or production had declined or income of employer organisation had diminishedServices of .employee having been terminated for no fault on his part he was entitled to reinstatement in service with full back benefits as employee remained jobless during period of his termination. Iqbal Muhammad Bhatti for Appellant. Ch. Abdul Rab for Respondent. Date of hearing: 6th March, 1996. JUDGMENT Sardar Ghulam Abbas Khan, Presiding Officer, Punjab Labour Court No. 9, camping at Muzaffargarh, on 861993, accepted Saleem Pervaiz Hashmi's grievance petition filed under section 25A of the Industrial…

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