Law:

Section:

Industrial Relations Ordinance (XXI1I of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(1) & 12--­Termination of service---Employee whose services were terminated without an order in writing and without observance of other legal formalities had been appointed against leave vacancy---Express stipulation embodied in appointment letter of employee was that his services would automatically come to an end on resumption of duty by other employee at whose place he was employed for the time being against leave vacancy---On rejoining duty by other employee who had gone on leave and at whose place employee was appointed, employee could not insist on continuance in. service and plead that he could avail of benefit accruable to a workman in normal case---Person who was employed on contractual basis and had not attained status of permanent employee, could not be permitted to wriggle out of his own clear commitment---Employee whose services automatically came to an end on rejoining duty by other employee at whose place he was temporarily appointed against leave vacancy, could not claim that he had attained status of permanent employee and that he could not be removed from service except by following prescribed procedure. Ali Akbar Qureshi for Appellants. Farooq Zaman Qureshi for Respondent. JUDGMENT The appeal is directed against the decision dated 17-6-1992, having been rendered by Mr. Ghulam Sarwar Sheikh, learned Presiding Officer of the Labour Court, Faisalabad, whereby he had accepted the grievance petition, filed by Shakeel Ahmad Shahid under section 25-A of the Industrial Relations Ordinance, 1969, 2. The respondent had been employed by the F.D.A. as Junior Clerk, in the Directorate of Estate Management, in place of Mr. Abdul Hamid Chohan, Senior Clerk, who had been sanctioned earned leave (ex-Pakistan), for full one year, on 7-8-1990, under which arrangement Mr. Chohan had relinquished the charge and submitted his departure report on 17-8-1990 (A.N.). The order of appointment dated 18-8-1990 is Exh. R-3. The learned lower Court, has, however, utterly failed to comprehend the import of the…

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