Law:

Section:

Industrial dispute--- ---- Termination---In case of termination simpliciter, only grounds on which Courts could interfere, would be if any mala fides was alleged and substantiated or there was a colourable exercise of office. Sikandar Hayat v. Sindh Labour Appellate Tribunal 1991 PLC 508; Abdul Hameed Kiranvi v. Sindh Labour Appellate Tribunal etc. 1990 PLC 213 and M/s. Ireland Textile Mills Limited v. Ghulam Ahmed 1992 PLC 358 ref. Mirza Muhammad Kazim for Appellant. M. Latif Saghar for Respondent. Date of hearing: 2nd June, 1992. DECISION The circumstances in which this appeal has been filed briefly stated are-as under:- 2. The appellant was working as a Jobber with the respondent Mill. His services were terminated sometime in 1982 and his petition before the Labour Court and the appeal before the Tribunal were dismissed. But he persued the matter and having been reinstated reported for duty on 24-10-1989. 3. It is alleged by the appellant that he was assigned no work but all the same he was paid in full for 10 months when his services were once again terminated on 28-8-1990. The reason given in the letter of termination was that the respondent Mill had installed very sophisticated machinery which needed skilled and educated labour. The Jobbers' job had been abolished and Supervisors had been appointed in their places. 4. The appellant having settled the preliminaries filed the petition before the Labour Court No.4, Karachi alleging that he had been victimised. The reply of the respondent was that for the last 10 years or so the appellant had not been in touch with his work and had not cared to handle the latest machines. The job of the Supervisors had been advertised in the papers and the old jobbers who gave satisfaction were also re-employed as Supervisors. There is a specific mention, and it is admitted by the appellant that he had not applied, as he could not take advantage of the invitation, because of the pendency of the dispute. 5. Apart from himself the appellant examined one Suleman as his witness. Javed Iqbal Choudhry was examined on behalf of the respondent. 6. Suleman the witness examined on behalf of the respondent supports the version of the…

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