| Citation(s) |
|---|
| 2000 SLG 1621 2000 SLD 1621 2000 PLC 325 |
Sindh High Court
Constitutional Petition No.817 of 1998, decision dated: 26-10-1999
HAMID ALI MIRZA AND ANWAR ZAHEER, JAMALI, JJ
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Constitutional Petition No.817 of 1998, decision dated: 26-10-1999
HAMID ALI MIRZA AND ANWAR ZAHEER, JAMALI, JJ
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Messrs HOLIDAY INN, CROWNE PLAZA, MAIN SHAHRA E FAISAL, KARACHI
VS
AFTAB AHMED SIDDIQUI and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 12(3) Termination of service Service of employee was terminated during period of his probation without giving specific reason for the termination simply stating that services of employee were no more required by employer Mere words "no more required" would not amount to any reason within mischief of provisions of S.O.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 Employee was rightly ordered to be reinstated in service with all back benefits. Pakistan International Airlines v. Sindh Labour Court No.5 and others PLD 1980 SC 323 ref. ORDER This is a Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan whereby the petitioner has challenged the decision, dated 30 5 1998 passed by respondent No.2 viz Sindh Labour Appellate Tribunals whereby the appeal filed by respondent NO.1 was allowed and impugned order, dated 17 9 1997 passed by learned Labour Court was set aside and respondent No. l was ordered to be reinstated into service within fifteen days of the order with all back benefits. We have heard the learned counsel for the parties and perused the impugned orders and have gone through the case law cited by the counsel for The only point involved in this petition is whether the services of respondent No. l can be terminated without assigning any reason. Admittedly, in the instant case the termination order, dated 2 5 1995 states that respondent No. 1's services are no more required by the petitioner/employer with immediate effect and respondent No.1 stood released from service during the period of his probation. Perusal of the impugned termination order does not give specific reason as to why the A services of respondent NO.1 were "no more required by the employer/petitioner. Mere fact that the words "no more required" are mentioned, the same would not amount to any reason, within the mischief of provisions of Order 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. Reference may also be…
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