| Citation(s) |
|---|
| 1990 SLG 1377 1990 SLD 1377 1990 PLC 385 |
Sindh High Court
Constitutional Petition No. D-31 of 1985, decided on 31st October, 1989.
SALEEM AKHTAR AND HAZIQUL KHAIRI, JJ
Aqil Awan for petitioner. S. Madad Ali Shah for
Respondents.
Constitutional Petition No. D-31 of 1985, decided on 31st October, 1989.
SALEEM AKHTAR AND HAZIQUL KHAIRI, JJ
Aqil Awan for petitioner. S. Madad Ali Shah for
Respondents.
GHULAM AHMED
VS
GHULAM AHMED vs SINDH LABOUR APPELLATE TRIBUNAL and 2 others
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 12---Termination of services of workman---Compliance with terms of S.0.12, a necessary requirement---Termination of services of workman or his removal, retrenchment and discharge is prohibited except by an order in writing which should contain expressly and clearly reasons for the action taken against the workman---Vague statement in that regard would not amount to compliance with S.O. 12 of the Ordinance---Ordinance VI of 1968 being a beneficial legislation intended to protect the interests of the workmen and also to create harmony in industry, wisdom behind such provision seems to be that the workman whose services were terminated must be made aware of the facts leading to termination or else it would not be possible for him to challenge it in a proper manner. (b) Interpretation of statutes---- --- Beneficial Statute---Liberal construction---Beneficial legislation intended to protect the interest of workman and also to create harmony in the industry, should be liberally construed to give the maximum benefit within the meaning and framework of law. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 12---Termination of services---Communication of reasons, a necessary requirement---Termination of services of workman on ground of reorganisation of establishment---Such ground having not been communicated to workman would be of no avail to employer. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 12---Termination of services---Communication of reasons, a necessary requirement---Termination of services of workman on ground that "services no longer required"---Effect---Statement in termination order that service of workman was no longer required could not be a reason for terminating the service because such statement calls for further inquiry and in itself was not a ground or reason for termination---Such statement was merely the outcome of undisclosed reasons which were sought to be disclosed in evidence---Reasons for termination should be clear,…
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