Law:

Section:

Industrial dispute--- ---- Termination of service---Re-instatement---Earlier, employee was terminated verbally by employer, but was reinstated by Trial Court and finally by Tribunal---After reinstatement, his services once again were terminated in writing on ground that same were not needed---Employers stated that due to some modification of machinery they had no job left for employee with the result that they had kept employee sitting without any work for a number of months and such position was also admitted by the employee---Nothing was on record to show that employers had any special grudge of any sort against employee, but employers had given explicit reason for retrenchment of employee---Action of employers appeared to be free of any taint or prejudice nor the same was in colourable exercise of office---Even otherwise, a worker could be retrenched, if found surplus action of employer terminating services of employee could not be challenged in circumstances. Sikandar Hayat v. Sindh Labour Appellate Tribunal 1991 PLC 508 and Gulzaman-v. M/s. Nagaria Textile Mills (Pvt.) Ltd., Karachi 1993 PLC 73 ref. Mehmood Abdul Ghani, Representative for Appellant. Raja Shamsuz Zaman for Respondent. Date of hearing: 12th April, 1992. DECISION This appeal calls in question the order of the Labour Court reinstating the petitioner in service under section 25-A of the I.R.O. It arose in the following circumstances. 2. The petitioner was appointed by the respondent as a helper electrician on 16-5-1987 and his services came to be terminated verbally on 21-12-1988. He had filed a petition against his ouster from service, which came to be allowed by the order of the Labour Court dated 17-10-1990, with full back benefits, and an appeal before this Tribunal also came to be dismissed. 3. As a result of the order referred to above the petitioner came to be reinstated in service but had no work assigned to him. After a few months of such co-existence the services of the petitioner once again came to be terminated on 11-4-1991 in writing on the ground that they did not need the services of a "sole electrician helper". 4. The petitioner sent a grievance notice and later filed the…

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