Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A,38(3a)

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: S.Os.1(b),12(3)

(a) Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(b) & 12(3) Termination of service Permanent status of employee Determination Employee initially was temporarily appointed for two months and after expiry of said period of two months he was again appointed after gap of two days and remained in service for sixty days and after expiry of :sixty days he was terminated and was no more employed thereafter No continuity of service of ninety days existed without any break Employee, in circumstances, had not acquired status of permanent workman and was not entitled to a notice of termination as provided tinder S.O. 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (b) Industrial Relations Ordinance (XXIII of 1969) S. 38(3 a) Revisional jurisdiction, exercise of Labour Appellate Tribunal had suo motu powers of exercising its revisional jurisdiction to examine an order/decision passed by Labour Court, as to the legality, correctness or propriety of said order/decision Such power of Labour Appellate Tribunal could be exercised even on application of aggrieved party if it could make out a case for such exercise. Talah Muhammad and 12 others v. Fateh Muhammad and 2 others 1990 PLC 80 ref. JUDGMENT This is a revision application under section 38(3 a) of the Industrial Relations Ordinance, 1969, against the order, dated 14 5 1998, passed by the learned Labour Court No. 6 at Hyderabad, in Grievance Application No.2 of 1996. 2. The respondent was appointed by the applicant on different dates for different periods. Mr. Devdas and Wahid Bux for applicant and respondent have filed a statement in writing, signed by them, in respect thereof, which is reproduced as under: . 1. First appointment 6-7-1995 60 days. to 3 9 1995 (Gap 2 days) 60 days 2. Second appointment w.e.f. 6-9-1995 to 4-11-1995 (Removed from 4-11-1995) (Sd.) 21 4 1999 (Sd.) Rep. of respondent 21 4 1999. 3. In this case, the respondent was temporarily appointed as Traffic Cleaner for a period of two months (60 days) w.e.f. 6 7 1995, terminable after expiry of the…

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