Case Details

Citation(s)
1992 SLG 1016 1992 SLD 1016 1992 PLC 893
Labour Appellate Tribunal, Sindh
Appeal No. HYD-237 of 1990, decided on 21st January, 1991.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL

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MUHAMMAD IQBAL

VS

Messrs MUSLIM COMMERCIAL BANK, NOORIABAD MUHAMMAD IQBAL vs Messrs MUSLIM COMMERCIAL BANK, NOORIABAD

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 1 & 12(3)---Industrial Relations Ordinance (XXIII of 1969), S. 25-A--- Termination of services---Appellant was employed as a Guard/Peon with respondent-Bank firstly with effect from 15-2-1988 to 14-7-1988 and then from 13-10-1988 to 10-1-1989 and his services were terminated on 10-1-1989--­Appellant claiming to have worked for more than 183 days in one consecutive year and to be deemed to a permanent workman as defined in S.O. No. 1(b) of West Pakistan Ordinance VI of 1968---No evidence existing that appellant worked against a permanent post---Witness of respondent denied that appellant was a permanent workman nor any other evidence existing to show that appellant had worked against a permanent post---Order of termination was not issued in accordance with provisions of S.O. No. 12(3) which required termination of service in writing, stating explicit reasons---Provisions of S.O. No.12(3), being mandatory and order of termination having not been issued in accordance therewith, same was illegal and not tenable. S. Fasahat Hussain Rizvi for Appellant. Bashir Awan for Respondents. Date of hearing: 21st January, 1991. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. VI at Hyderabad, dated 15-10-1990, whereby the grievance petition of the appellant was dismissed. 2. I have heard Mr. S. Fasahat Hussain Rizvi, learned Advocate for the appellant and Mr. Bashir Awan, learned Advocate for the respondents and have also gone through the record and proceedings of the case. 3. The brief facts of the case are that the appellant was employed as a workman viz. Guard/Peon with the respondents bank firstly from 15-2-1988 to 14-7-1988 and then from 13-10-1988 to 10-1-1989. His services were terminated on 10-1-1989. Aggrieved by this termination order, he served his grievance notice and then filed grievance petition. 4. Mr. Fasahat Hussain Rizvi, learned Advocate for the appellant claims that as the appellant had worked for more than 183 days in one consecutive year, he will be deemed to be a permanent workman as defined in…
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