| Citation(s) |
|---|
| 1992 SLG 718 1992 SLD 718 1992 PLC 265 |
Labour Appellate Tribunal, Sindh
Appeal No. SUK-107 of 1991, decided on 17th October, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. SUK-107 of 1991, decided on 17th October, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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MANZOOR ALI GARADO
VS
Messrs UNITED BANK LTD. and 3 others MANZOOR ALI GARADO vs Messrs UNITED BANK LTD. and 3 others
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 7, S.Os. 2-A & 12---Employee firstly was appointed in 1982 as Godown-keeper with employer-Bank and then his designation was changed from Godown-keeper to messenger and employee since then was continuously working as messenger in various branches of employer-Bank without any break in his service, but admittedly neither appointment order nor transfer orders were in writing---Employer also had admitted that employee had worked as seasonal employee in Bank for some time, but neither appointment order in that respect nor any termination order in writing had been produced by employer-Bank---Issuance of appointment, transfer and promotion order in writing at time of appointment of employee showing conditions of his service being obligatory for employer under S.O. 2-A of Ordinance and in case employer failed to issue such .order, he would be liable to prosecution, but employee could not be punished for such lapse on part of employer. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 1---Permanent workman---Employee Finally was appointed as Godown-keeper in 1982 and then his designation was changed from Godown-keeper to messenger and employee since then was consistently working as messenger in various branches of employer-Bank without any break in his service, but appointment order of employee and his transfer orders admittedly were not in writing---Although appointment order and transfer orders were not in writing, but immediate officers of employee in various letters had stated that work of employee had been found satisfactory and they also recommended for his regularisation---Employee, in circumstances, would be deemed to have completed his probationary period satisfactorily and would be deemed to have acquired status of permanent workman after completion of three months' period of probation---Mere fact that higher authorities had slept over recommendations of immediate officers of employee for regularisation, would not deprive employee from…
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