Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--­ ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.0.15---Termination of services---Services of workmen were terminated by employer on ground of their continuous absence from duty for more than 10 days---Services were terminated without giving workmen notice of their alleged misconduct, without holding independent enquiry and without affording workmen an opportunity to explain circumstances alleged against them---Employer in terminating services of workmen having violated principles of natural justice as well as statutory provisions of law, had committed illegality and thus order of termination of services of workmen, could not be sustained. Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani P L D 1975 Kar. 342 and Beach Luxury Hotel Ltd. v. First Sindh Labour Court 1976 P L C 432 ref. Date of hearing: 21st February, 1991. JUDGMENT SYED ABDUL REHMAN, J: --These are petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2. Case of the petitioner is that respondents, Mirza Zamir Baig and M. Abdul Manan, were working with the petitioner, M/s. Kohinoor Marble Industries Ltd. The petitioner had closed their factory on 16-1-1986 and had terminated the services of all the workers, except the above two respondents. Respondent Abdul Manan continued to attend the factory upto 27-1-1986 and thereafter remained absent without intimation. Respondent Mirza Zamir Baig had attended duty upto 2-12-1985 and thereafter remained absent. Therefore, the petitioner intimated the respondents through letters dated 1-3-1986 and 11-1-1986 respectively that their services were terminated because of their continuous absence from duty for more than 10 days. The factory restarted working on 15-7-1986. On 30-8-1986 respondents Mirza Zamir Baig and M. Abdul Manan served grievance notices upon the petitioner alleging that they had reported for resumption of duty on 15-7-1986, but were not allowed to resume. The petitioner by their reply dated 28-9-1986 informed both these respondents that their employment was terminated through the above letters due to…

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