| Citation(s) |
|---|
| 2001 SLG 1592 2001 SLD 1592 2001 PLC 205 |
Labour Appellate Tribunal, Sindh
Appeal No.KAR 267 of 1999, decision dated: 31st October, 2000, hearing DATE : 26-10-2000
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal No.KAR 267 of 1999, decision dated: 31st October, 2000, hearing DATE : 26-10-2000
MUNAWAR ALI KHAN, CHAIRMAN
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GRANULARS (PVT.) LIMITED
VS
MUHAMMAD AFZAL
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2(i) Workman Determination of status of workman Status of a workman was to be determined on the basis of duty he was required to perform and not on the basis of his designation or the emoluments he was drawing. SCMR 488 and PLTf 1986 SC 103 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 2(i) & S.O. 15(3)(a) & (4) Termination of service Entitlement of workman to statutory safeguards Service of employee was terminated without issuing him show cause notice and holding enquiry against him on account of his disobedience of orders of his employer Validity Service of employee having been terminated on allegation of misconduct, he was entitled to safeguards of issuance of show cause notice to him and holding enquiry against him as provided under S.O. 15(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. DECISION This appeal is directed against the order of Sindh Labour Court No.l, dated 21st September, 1999 whereby the grievance petition filed by the respondent Muhammad Afzal was allowed and he was reinstated in service with full back benefits. 2. The respondent's case in brief is that he was employed as Accounts Assistant with the appellants' Company where he used to do manual/clerical work and as such he was governed by the provisions of Standing Orders Ordinance, 1968 and I.R.O., 1969. During his entire service of 13 years his service record was unblemished with no complaint whatsoever against him, yet he was falsely implicated in a case of misconduct. He being a permanent workman, was entitled to the benefit of safeguards provided by Standing Orders Ordinance, 1968, he was neither given any show cause notice nor any enquiry was held against him before termination of the services by order, dated 30 9 1998. Dissatisfied with the said order he served the Appellants with a grievance notice, dated 19 10 1998 which was replied by the said Company by letter, dated 22 10-1998. Since the respondent's grievance remained unredressed, he filed grievance petition with two fold…
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