Case Details

Citation(s)
2006 SLG 1697 2006 SLD 1697 2006 PLC 501
National Industrial Relations Commission
Appeal No.12(128) of 1999, decision dated: 24-06-2003.
ALI NAWAZ A. CHANNA, CHAIRMAN, SYED ALTAF HUSSAIN SHAH AND QAZI AHMAD

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Saeed, Members CHIEF MANAGER OF PLANNING AND INSTALLATION, TELEPHONE INDUSTRIES OF PAKISTAN, ISLAMABAD and another

VS

MUHAMMAD SALEEM and 5 others INDUSTRIES OF PAKISTAN, ISLAMABAD and another vs MUHAMMAD SALEEM and 5 others

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)------Ss. 15, 22-A(8)(g) & 22-D---Termination of service---Reinstatement---Appeal---Allegation of unfair labour practice by the employer---Employees filed petition before Member National Industrial Relations Commission under S.22-A(8)(g) of Industrial Relations Ordinance, 1969 with a prayer that they be reinstated in service; that they be declared as permanent employees and that their termination by employer, was illegal and an act of unfair labour practice---Employees were employed by employer on contract basis for a limited period and after every contract employment there was a gap---Gap of about three and a half years was found which would mean that no continuity of service of employees existed---Employees, in circumstances, neither were permanent employees nor employees were performing their duties continuously---Appointment letters had also revealed that employees were being appointed purely on contract basis and facilities available to permanent employees were not being extended to them---Employees, in circumstances, could not be treated as permanent or regular employees---Appointment orders of employees had also revealed that they were not working on the same posts, but they were being appointed at places where some work was to be started and was being done at different places---Employees, in circumstances, could not be said to be working on same posts for a continuous period---Employers thus had the competence to terminate contract of service at any time and it was not necessary that written order should have been issued for termination of employees on the expiry of contracts as their services would automatically come to an end---Services of employees, in circumstances were rightly terminated orally and order reinstating them passed by Member National Industrial Relations Commission, being without jurisdiction, could not sustain. PLD 2000 SC 50; 2002 PLC 67 and Dr. Anwar Sehto and 339 others v. Federation of Pakistan and others PLD 2002 SC 201 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 15 & 22-A(8)(g) & 22-D---Petition against unfair labour practice by…
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