Case Details

Citation(s)
2001 SLG 1556 2001 SLD 1556 2001 PLC 183
Labour Appellate Tribunal, Sindh
Appeal NoXAR 27 of 1999, decision dated: 24-11-1999
DR. TANZIL UR REHMAN, CHAIRMAN

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MUHAMMAD JUMA

VS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.25 A & 37(3) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 12(3) & 13 - Termination of service Services of employee working as Chowkidar were terminated on ground that immovable property where employee was posted as Chowkidar was sold out by employer company and services of employee, who had become surplus, were no, more required Employee had admitted that property where he was posted as Chowkidar had been sold out and that he was junior most Chowkidar Employee could not bring anything on record to prove mala fides of employer in terminating his services Employee having been paid one month's notice salary, employer had not committed any violation of S.Os. 12(3) & 13 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, in terminating services of employee and his grievance petition was rightly dismissed by Labour Court. JUDGMENT This is an appeal under section 37(3) of Industrial Relations Ordinance, 1969 against the decision, dated 3rd March, 1999 passed by the learned ~Sindh Labour Court No.5 at Karachi, in Grievance Application No. 112 of 1996 under section 25 A of the I.R.O., 1969, whereby the same was dismissed. 2. The facts, giving rise to the above appeal, briefly stated are that the appellant was employed on 1 4 1987 as Chowkidar for three months on probation whereafter, he was confirmed by letter at page 27 of R&P. His service was, however, terminated on 7 4 1996 by letter appearing at page 31, on the ground, as stated in Paras. 1 and 2, which are reproduced as under: "The Company's immovable properties at Batch Island, Clifton, has been sold and possession of the same handed over to the purchaser. Due to sale of the said properties job/post of 3 of the company's Chowkidar has become surplus to our requirement and we regret to inform you that being junior affected Chowkidar it is not possible for us to continue with your services. You being among the 3 junior most Chowkidars in the company, your services are terminated with effect from closing of office hours on Sunday, the 7th April, 1996. As per…
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