Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12---General Clauses Act (X of 1897), S.21---Locus poenitentiae---Principle of ---Application--Termination of services---Employees who were recruited employer Corporation as temporary workmen against permanent posts, had served for a period extending for six months to two years in different posts, but their services were terminated without issuing them any show-cause notice and without affording them opportunity of hearing on ground that initial orders of appointments of employees were issued during the period of ban on fresh appointments and that Authority passing wrong orders could withdraw or cancel such orders---Orders of appointment of employees had been given effect to and employees had even worked against permanent posts from six months to two years---Held, once the order had taken effect and was acted upon, the power to recede or withdraw that order would cease and even issuing Authority could not cancel the same---Test for determination whether there was locus poenitentiae or not, was to ascertain whether a decisive step had been taken in pursuance of the earlier order which was sought to be recalled or rescinded---If the order had been acted upon and had been made effective, then could not subsequently be cancelled by the issuing Authority under S.21 of General Clauses Act, 1897---Services of employees, thus, could not be terminated merely because they were appointed during a period of ban on fresh appointment---Employees were rightly ordered to be reinstated by Labour Court, in circumstances. Niaz Ahmed Khan and Mir Muhammad, Investigating Inspector (Accounts) for Appellants. Shabbir Ahmed Awan for Respondents. Date of hearing: 23rd April, 1997. DECISION These are eleven connected appeals filed by Divisional Engineer Transmission (VHF) and P.T.C.L. through General Manager STR-I, Karachi. The appeals are directed against the order passed by Labour Court No. 1, Karachi allowing eleven petitions of the workers for reinstatement and back benefits. 2. The eleven respondents were P.T.C.L. workers…

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