Case Details

Citation(s)
1998 SLG 1287 1998 SLD 1287 1998 PLC 249
Labour Appellate Tribunal, Sindh
Appeal No. KAR-505 of 1996, decision dated: 21st November, 1996.
MUSHTAK ALI KAZI, APPELLATE TRIBUNAL

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MARUBENI POWER DEVELOPMENT PROJECT, KARACHI through Manager, Accounts and Commercial

VS

GULZAR HUSSAIN SHAH

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---Termination of services---Validity---Services of employee having stood terminated on completion of project in which employee was appointed by foreign employer, employee was paid all legal dues and pay-roll sheet was accepted by employee and was signed by him---Employee after his smooth termination filed grievance petition against his termination which was allowed by Labour Court for want of written order of termination giving reasons of such termination---Labour Court had not seen or considered entire correspondence which had amply proved that sufficient notice and reasons for termination of services of employee were mentioned throughout the correspondence well in advance and such entire correspondence read together amounted to an order in writing for the termination giving explicit reasons for termination of employee---Termination of employee, thus was in accordance with S.0.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and no rule had been violated by employers in terminating services of employee---Order of Labour Court accepting grievance petition of employee and consequent reinstatement of employee with back benefit was set aside, in circumstances. Mehmood A. Ghani for Appellant. Gohar Iqbal for Respondent. Date of hearing: 21st November, 1996. DECISION This appeal arises from an order of the 5th Sindh Labour Court, Karachi whereby the grievance petition of one Gulzar Hussain Shah was allowed for reinstatement and back benefits. 2. Respondent Gulzar Hussain Shah was basically an office boy but he knew English and Japanese languages and he could cook Japanese food to the satisfaction of his employers. He was employed by Marubeni Corporation a Power Development Project Company from Japan. Those Japanese Project Developers used to come to Pakistan for various Power Projects. 3. Gulzar Hussain Shah used to be employed by the Japanese working on these Projects from time to time and at the end of each Project his services were terminated (sic)…
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