Law:

Section:

Industrial dispute--- ---- Termination of service---Employee earlier was appointed as a lineman, but his post was cancelled in light of ban imposed by Government---On filing appeal against his termination, Authority offered employee one of posts of garden supervisor in Grade-VI or of Cashier in Grade-V---Employee opted for Grade-VI job and he was directed by Authority to produce certificate of requisite qualifications/experience for post he opted, within specified period positively but employee failed to do so despite he was provided ample opportunity---Employee, in circumstances, could not satisfy Authority concerned by producing requisite certificate that he was fit for job which was offered to him and if due to his failure, had lost job. it could not be said that any breach of Rules of Authority were involved in case of employee--­Production of requisite certificate being basic requirement and condition precedent of his appointment, employee had to quit due to failure in complying with such condition. Controller of Stationery and Forms, Government of Pakistan v. The Registrar of Trade Unions, Sindh and another PLD 1991 SC 353; Muhammad Afsar Khan v. Karachi Metropolitan Corporation 1988 PLC 108 and Karachi Metropolitan Corporation v. Mst. Shamsul and 2 others 1986 PLC 349; KPT v. Abdul Ghani 1983 SCMR 769 and Municipal Corporation, Faisalabad v. Nawab Bibi 1992 PLC 398 ref. M.L. Shahani for Appellant. Ahsanul Haq Siddiqui for Respondent. Date of hearing: 28th January, 1993. DECISION The facts forming the background of this appeal are as follows. 2. The respondent was appointed as a Lineman in the Municipal Committee, Tando Allah Yar, with effect from 22-8-1984 and confirmed on 1-1-1986. It appears that on the order, dated 13-7-1987 from the Director, Local Fund Audit, Government of Sindh, Karachi, some posts, which had been created on the Schedule of the Establishment in the Budget of 1987-88, were cancelled in the light of the ban imposed by the Government on the creation of the posts. The respondent was one of them. He had preferred an `appeal' before the Chairman, Municipal Committee, Tando Allah Yar, against the termination of his services. The Chairman,…

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