Case Details

Citation(s)
1990 SLG 1485 1990 SLD 1485 1990 PLC 621
Labour Appellate Tribunal, Sindh
Appeal No. KAR-423 of 1989, decided on 20th February, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Mehmood Habibullah for Appellant. S. Izhar Ahmed for
Respondent.

Miss BUSHRA PARVEEN

VS

Messrs EVERGREEN INDUSTRIES LIMITED Miss BUSHRA PARVEEN vs Messrs EVERGREEN INDUSTRIES LIMITED

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ---S. 25-A--Termination of service---Appellant's services were terminated neither after serving a charge-sheet nor as a measure of retrenchment ---Employer removed the employee from service because she was allegedly a temporary employee---Appellant to prove she was a permanent worker, relied mainly upon her statement on oath and Social Security Card which was exhibited---Contention of appellant that she had been a permanent worker looking more probable and believable---No evidence '' termination of service after her initial appointment---Appellant had worked in the establishment from 1983-1988--­Held, appellant was a permanent worker and therefore she could not have been removed from service as a temporary worker without observing formalities and requirement of law meant for removal of permanent worker---Appellant was ordered to be reinstated in service with fifty per cent back benefits since there was no evidence to the effect that she had remained employed gainfully or remained without job. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Removal from service---Voucher was exhibited whereupon signature of worker to the effect that she had taken full and final payment of her dues existed---Contention that worker had severed her connection from employer--­Document was not signed by any authority and there was no evidence to show that writing on this document and date thereon were in handwriting of worker--­No evidence was available to show that worker had tendered resignation---Held, it was not possible to believe that in view of the said voucher worker had severed her connection with employer, with no apparent reason or cause---Contention thus was repelled. DECISION This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No. III, Karachi, dated 19-9-1989, whereby the grievance petition of the appellant was dismissed. 2. I have heard Mr. Mehmood Habibullah, Advocate for the appellant and Mr. S. Izhar Ahmed, Advocate for the respondents and have also gone through the record and proceedings of the case. 3. The brief facts of the case are that the appellant's…
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