Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­ ---S. 25-A---Termination---Reinstatement---Employer by producing unrebutted documentary evidence on record proved that employee who remained employed against different posts under him, was not his regular and continuous employee, but his appointment under different posts was with gaps---Employee having failed to prove by producing concrete documentary evidence that his service under employer was continuous, Labour Court, held, erred in accepting grievance petition of employee directing his reinstatement. JUDGMENT The appeal captioned above emerges from the decision dated 29-1-1989 recorded by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, he whereby accepting the grievance petition of the respondent, he has been directed to be reinstated in service without back benefits. 2. Vide order dated 12-6-1984 Exh. P-15/Exh. R-26, the services of the respondent were terminated. He had been appointed on the post from which he was terminated vide order mentioned above, on 11-4-1984 for 60 days vide Exh. P-14 for the period from 14-4-1984 to 12-6-1984. Before that the respondent was appointed sometime in leave vacancies and sometime for a fixed period, against different` posts and his services were terminated on the expiry of the period for which he was appointed. New appointments were with gaps. The orders of previous appointments arc Exh. P-7 when he was appointed for 27 days in the leave vacancy of Muhammad Sabir, Cashier. Vide Exh. P-8 he was appointed for 75 days in connection with the work of sugar-cane. Vide Exh. P-9 he was appointed in the leave vacancy of Muhammad Ashraf Cashier, for the period from 22-10-1981 to 5-11-1981. Vide Exh. P-10 he was appointed in connection with the work of sugar-cane season. Vide Exh. P-11 he was appointed in the leave vacancy of Muhammad Hanif for 30 days. Vide Exh. P-12 he was appointed in the leave vacancy of Mir Abdullah. Khan for 34 days. Vide Exh. P-13 he was appointed in the leave vacancy of Ghulam Murtaza for 31 days. The orders of termination are Exh. R-1 to Exh. R-26 and they show that re­appointments of the respondent were with gaps. According to the…

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