Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 12---Termination simpliciter---Petitioner/employee, whose services were terminated, was involved in a case of moral turpitude in which he could get sentence up to life imprisonment and petitioner being a timekeeper, his post could not be left vacant indefinitely---No fault thus could be found with order of termination of service petitioner validly passed against him by competent Authority. Messrs Sindh Alkalis Limited v. Pam Jan 1983 PLC 733; Pakistan Cycle Industrial Co-operative Society Limited v. Muhammad Serwar Butt and others 1982 SCMR 950 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O.12---Constitution of Pakistan (1973), Art. 199---Termination simpliciter--­Constitutional jurisdiction, exercise of--Termination simpliciter of a workman was permissible under S.O. 12 and employer was only obliged to state reasons for such action taken by him against workman---Such' a procedure having been followed by employer and order of termination of services of employee, having not been found tainted with mala fides or colourable exercise of power by employer, Courts below had rightly declined to interfere with employer's action against employee. JUDGMENT SALAHUDDIN MIRZA, J.---The facts leading to the filing of this Constitutional petition are that petitioner Sikandar Hayat was employed as a timekeeper with respondent No.3 M/s. National Motors Limited. On 14-6-1981 one Afsar Ali, a person belonging to the village of the petitioner (who hails from Mardan) lodged a F.I.R. under section 307/34, P:P.C. against the petitioner and two others. Feeling apprehension about his arrest, the petitioner submitted a leave application on 16-6-1981 for seven days leave and proceeded to Mardan. The leave was subsequently granted by respondent No. 3 vide order dated 21-6-1981 in which the petitioner was specifically directed to positively report back for duty on 25-6-1981. However, the petitioner did not report back for duty and sent various telegrams and applications from Mardan seeking extension of leave on medical…

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