Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.O. 12---Termination of services---Reorganisation---Services of employees working as security guard were terminated on ground that employers were of the opinion that system of Chowkidars having become outdated, they considered to re-organise system of security by obtaining services of security guards under the contract system---Such security guards used modern technique and were jointly responsible for the security of Factory---Termination of employees, in circumstances, was bona fide for the purpose of reorganisation and it was not substituted for dismissal of employees on account of their alleged misconduct---Very fact that employers kept on changing the system for better results showed their anxiety to effect improvement in the security organisation--- Employers, thus, could not be ordered to re-instate employees who were old guards whom employer had found not satisfactory. Abdul Ghaffar for Appellants. M. Rafiq Malik for Respondents Nos. 1 to 6. Date of hearing: 4th March, 1996. DECISION These are six connected appeals from order of the Fourth Sindh Labour Court, Karachi, whereby the grievance petitions of the six respondents were allowed for identical reasons with full back benefits. 2. The six respondents in this case had been appointed as Security Guards by appellant Hashoo Steel Industries Ltd; They worked for about nine years with the appellant. 3. On the night between 29th July, 1994 and 30th July, 1994, 18 pieces of billets appeared to have been stolen from the factory and they were found lying outside the premises of the factory at 8-15 a.m. The Security Guards were all charge-sheeted though Abdul Latif, Security Guard was on duty as Chowkidar for the night in question. The Chowkidars filed their written statement that they were innocent and not responsible for any theft. The appellant Steel Industries Management thereafter, thought that this system of Chowkidars was outdated and the management re-organised their system of security and it was considered necessary to obtain the services of Security Guards under the contract system when such guards used…

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