Law:

Section:

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 were terminated with immediate effect, without issuing show-cause notice, charge-sheet and without making him to face an enquiry but simply offering him one month's salary in lieu of notice telling him that his services were no longer required---Validity---Employee who was a workman, was entitled to show-cause notice, as also a charge-sheet and he could not be made to quit service except on proof of charge of misconduct to be established through a formal enquiry---Such legal formalities having not been completed by employer before terminating services of employee Labour Court rightly set aside order of such termination. Shaukat Ali Javid for the Establishment. Ch. Muhammad Bashir for Respondent. Date of hearing: 20th February, 1997. JUDGMENT By the present judgment I propose to dispose of two appeals, captioned above, as the same arise out of the one and the same order, rendered by the Punjab Labour Court No. 7, at Gujranwala, on 3-10-1995. 2. Soofi Hidayatullah was initially on 8-4-1991 appointed as Store­ Keeper by M,'s. Granular (Pvt.) Limited, Karachi. He has, however, also been operating as Sales Field Supervisor; but the learned lower Court has treated him as a workman keeping in view the nature of the job that he had been performing. Provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were also held to be applicable to his case; and it was observed that as he had been ousted from service on 22-9-1993, and someone else had been appointed in his place, without a show-cause notice, a charge-sheet, and without making him to face an enquiry, the order of his dismissal from service was not sustainable in law. 3. The learned lower Court has referred to a letter dated 29-10-1991, Exh. P-2, indicating that the post of Field Supervisor from 21-7-1990 to 31-10-1990 had been offered to Hidayatullah as a temporary measure, with a nominal increase in pay. The permanent letter of appointment Exh. P-3…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492