Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction, exercise of---Purely factual controversy having been raised by employer which had been determined against him by two Courts after proper appreciation of evidence on record, could not be re-opened by High Court in Constitutional jurisdiction. 1980 P L C 79 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O 12., cls. (1), (2) & (3)---Notice of termination and written order of termination---Distinction. A plain reading of the provisions of Standing Order 12 of Standing Orders Ordinance, 196,8, would show that there is a clear distinction between the notice of termination referred to in clauses (11 and (2) and the written order of termination required to he made under clause (31 of Standing Order 12. Clauses (1) and (2) speak of the notice -of termination. Clause (1) lays down that if the service of a permanent workman is terminated for any reason other than misconduct, he will be given one month's notice or in lieu thereof, he shall be paid one month's wages. Clause (2), on the other hand, dispenses with such a notice in the ease of temporary workmen, probationers or `Badlis'. Clause (3) of Standing Older 12 is wholly independent provision which makes it obligatory for the employer to pass an order in writing when he terminates the services of a workman or removes, retrenches, discharges or dismisses him from service and it further requires that the order so passed must explicitly state the reason for the action taken. Clause (3) of Standing Order 12 has no nexus at all with clause (2) and, therefore, classes of workmen (temporary, probationers and Badlis) who under clause (2) are not entitled to the notice of termination cannot be deprived of the beneficial provision of clause (3). (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os. 1 & 12---Classifications of workmen, stated. Standing Order 1 of Standing Orders Ordinance, 1968, classifies workmen as (1) Permanent, (2) Probationers, (3). Badlis, (4)…

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