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. 1(e) & 12---Termination of service---Employee whose services were terminated without issuing him any letter of termination, claimed to be permanent workman, whereas employer by producing do record pay sheet of daily-wages-temporary-workers, had proved that employee was employed as temporary worker on daily-paid basis with gaps---Employee had failed to produce any evidence on record to prove that he was a permanent workman---Employee, in circumstances, was not entitled to any letter or notice for termination of his services---Grievance petition tiled by employee otherwise being time-barred was rightly dismissed by Labour Court: Shamsher Khan, Representative for Appellant. Syed Qamaruddin Hassan for Respondents. JUDGMENT This appeal under section 37(3) of the Industrial Relations Ordinance, 1969, arises out of decision, dated 4th July, 1998 (wrongly stated in the Memo. 'of appeal as 22-4-1998) passed by the Third Sindh Court wherein it was, inter alia. stated that the appellant has been a permanent worker in the respondent establishment as a Helper since last one year. The respondent terminated the appellant's services on 18-2-1997 without issuing any letter of termination. Grievance notice was, thus, sent on 7-3-1997 by registered post which was refused by the respondent. It was, therefore, prayed in the grievance petition that the appellant may be ordered to be reinstated in service with full back benefits. On the other hand, the respondent, in its reply statement, pleaded that the appellant was employed as temporary worker on daily-paid basis (with gaps) till 17-10-1995 and that the appellant's daily wage employment came to an end on 17-10-1995. It was further alleged in the said reply statement that the grievance notice was belated and time-barred and as such the grievance petition, filed by the appellant, is not maintainable. 2. The appellant examined himself as his own witness. Although he also died affidavit-in-evidence of Ghulam Hussain and Abdul Qayum Ali as witnesses, who, however, declined…

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