| Citation(s) |
|---|
| 2001 SLG 1614 2001 SLD 1614 2001 PLC 308 |
Labour Appellate Tribunal, Sindh
Appeals Nos.290 and 291 of 1999, decision dated: 16-11-2000, hearing DATE : 7-11-2000
MUNAWAR ALI KHAN, CHAIRMAN
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Appeals Nos.290 and 291 of 1999, decision dated: 16-11-2000, hearing DATE : 7-11-2000
MUNAWAR ALI KHAN, CHAIRMAN
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MUHAMMAD IRSHAD MAQSOODUR REHMAN and another
VS
CHIEF EXECUTIVE/MANAGING DIRECTOR, AMRELI STEELS (PVT.) LIMITED, KARACHI MUHAMMAD IRSHAD MAQSOODUR REHMAN and another Vs CHIEF EXECUTIVE/MANAGING DIRECTOR, AMRELI STEELS (PVT.) LIMITED, KARACHI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) S. 25 A West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12 Grievance petition Termination of service -Employee who was junior most in his cadre, having been rendered surplus, his services were terminated owing to economic reasons and on basis of "last in and first out "principle Service of employee was terminated by an order in writing stating reasons for termination and legal dues were also paid according to law Employee having failed to prove mala fide intention of employer in terminating his service, order of termination based on reasonable ground not suffering from any illegality or irregularity, could not be interfered with Grievance petition of employee was rightly dismissed by Labour Court. 1998 PLC 172 and 1991 PLC 506 ref. DECISION This order will cover two appeals; namely Appeal No.KAR 290 of 1999 filed by Muhammad Irshad and Appeal No.KAR 291 of 1999 filed by Muhammad Farid, .hereinafter referred to as appellant No.1 and appellant No.2 respectively. These appeals arose from dismissal of their grievance petitions by single common order, dated 30th October, 1999 of the Sindh Labour Court No.III, Karachi. The facts giving rise to the said two appeals may be summarized as follows. Both the appellants joined service of Amreli Steels (Pvt.) Limited, Karachi hereinafter referred to as respondents Mills, as Turmors on permanent basis appellant No. l with effect from 3 3 1992 and appellant No.2 with effect from 19 5 1991. Their services were however, terminated vide termination order, dated 9th April, 1999. It is reproduced as under: "You are employed as Turner Operating Lathe Machine (General Engineering). Keeping in view nature of your work it is more economic to get the work executed from outside the factory thus effecting saving. You are the junior most turner in your category. You are rendered surplus to our requirement. For the aforesaid reasons your services are hereby terminated w.e.f 12th April, 1999 on payment of one month's salary in lieu of notice. You are therefore, directed to collect your dues on any working day during working hours." According to…
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