Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-­-- ---S.O. 12---Industrial Relations Ordinance (XXIII of 1969), S. 25-A--­ Probationer---Termination by employer---Essential requirements---Probationer being one of the category of workmen within the purview of S.O. 12(3) of Standing Orders, his services cannot be terminated by employer without an order in writing explicitly stating therein the reasons for such termination---Benefit of S.O. 12(3) is available to all workmen including a probationer---Provision of S.0.12 (1) refers to all categories of workmen without any qualification--­ Probationer thus can competently file an application under S. 25-A of Industrial Relations Ordinance, 1969, if his rights under S.O. 12(3) have been infringed. Pakistan International Airlines v. Sindh Labour Court No. 5 and others PLD1980SC323rel. (b) Words and phrases- ---Word "explicit"---Meaning and import of---Word "explicit" means that which is not obscure or ambiguous; having no disguised meaning or reservation i.e., clear in understanding; speaking out all that is meant; definite and unreserved in expression; outspoken. Black's Law Dictionary, 1979 and Oxford English Dictionary rel. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 12(1), & (3)---Industrial Relations Ordinance (XXIII of 1969), S. 25-A--- Constitution of Pakistan (1973), Art. 199---Probationer---Termination of service---Legality---Termination order of probationer during probation period, explicitly stating that aptitude and suitability of probationer had been assessed and he was not found suitable for the job assigned to him---Such order of termination did not cast any stigma, inasmuch as, probationer's services were not terminated on account of any unsatisfactory work, but after assessing his aptitude and suitability---Reasons for termination thus were explicitly stated in the termination order and the same did conform to the requirement of S.O. 12(3)--­Probationer's termination order being in conformity with the requirement of law, Labour Appellate Tribunal's decision reinstating him in service was…

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