Case Details

Citation(s)
2001 SLG 1860 2001 SLD 1860 2001 PLC 368
Supreme Court of Pakistan
Civil Appeal No. 1298 of 1998, heard on 18-10-2000. (On appeal from the judgment, dated 5-1-1998 of the High Court of Sindh, Karachi passed in Civil Petition No. D-1857 of 1997).
MUNIR A. SHEIKH, RANA BHAGWAN DAS AND MIAN MUHAMMAD AJMAL, JJ

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ENMAY ZED PUBLICATIONS (PVT.) LIMITED through Director-General

VS

SINDH LABOUR APPELLATE TRIBUNAL through Chairman and 2 others

Law:

Section:

(a) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)-------S.4---Constitution of Pakistan (1973), Art. 185(3)---Termination of service--- Employment on contract basis---Contentions by the employer was that even in case the Tribunal was of the view that on account of length of service of employee, he was a permanent workman and was entitled to a notice as required by S. 4 of Newspaper Employees (Conditions of Service) Act, 1973, his services could nevertheless be terminated by the employer at any time on payment of wages in lieu of such notice, therefore, the of High Court was liable to be reviewed and that the employee was informed through notice that the service contract was not to be renewed who accepted the same and vide his reply requested for settlement of his dues, consequently the conduct of the employee disentitled him to claim relief of reinstatement---Leave to appeal was granted by Supreme Court to consider the contentions raised by the employer. (b) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--- ----S.4---Termination of service--- "Temporary workman" and "permanent workman"--- Distinction---Matters of termination of service of newspaper employee are governed by the provisions of S. 4, Newspaper Employees (Conditions of Service) Act, 1973, and the same does not make any distinction between "temporary workman" and "permanent workman" or "contract employee" ---Order of termination of service of employee has to be tested on the touchstone of the provisions of S.4 of the said Act and the same is justiciable if challenged by the employee before a Court of law--­Mandatory requirement of the provision is that the decision to terminate the service of newspaper employee must be based on good cause and termination would be made through a notice. (c) Interpretation of statutes--- ----Proviso attached to main section---Effect---Proviso to a section operates as an exception and cannot render redundant or ineffective the substantial provisions of the main section. (d) Newspaper Employees (Conditions of Service) Act (LVIII of 1973)--- ----S.4---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of…
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