Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--S.O.1(b)(c)---Constitution of Pakistan (1973), Art. 185---Industrial dispute--­'Permanent workman' and 'temporary workman'---Determination---Test--­Nature of work on which a workman was employed would determine whether workman was permanent or temporary---If work was of a permanent nature likely to last for period of more than nine months, workman employed on such a work, who had successfully completed probationary period of three months would be deemed to be a "permanent workman"---If nature of work was temporary and was likely to be finished within a period of nine months, then workman employed on such work would be deemed to be "temporary workman" ---Mere fact that work of a temporary nature continued beyond nine months would not make a workman employed on such work a permanent workman as expression "likely to be finished within a period not exceeding nine months" used in definitive clause of S.O. 1(b)(c) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, would admit within its scope that a work of temporary nature, could in certain circumstances, stretch beyond nine months---Evidence on record had shown that post against, which appointment was made was of permanent nature though in appointment letter same was described as purely temporary and that period of employment continued beyond period of nine months---Employees in circumstances would be deemed to be "permanent workmen" within definition given in S.O. 1(b) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Pakistan International Airlines v. Sindh Labour Court No.5 PLD 1980 SC 323; Messrs Pakistan National Produce Company Ltd., Shikarpur v. Nawab Ali Budhani and another 1990 PLC 585 and Abdul Hameed Kiranvi v. Sindh Labour Appellate Tribunal and others 1990 PLC 213 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O.1(b)---Industrial Relations Ordinance (XXIII of 1969), S. 38--­Constitution of Pakistan (1973), Arts. 185 & 199---Permanent nature of…

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