Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------Ss. 2(g), 3 & S.Os.2-A, 12, 15---Regularization by conditions of employment of workman---Termination of service---Employers executed an agreement with the workmen for a period of 89 days and on its expiry then again executed a fresh agreement for a similar period---No concept of execution of agreement between a workman and the employer existed by which statutory rights of a workman could be curtailed or taken away as law did not permit the same---Services of a workman would have to be regulated in accordance with provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and not otherwise---Workman who had been employed on a job of permanent nature, his service could only be terminated by issuing him a letter of termination explicitly stating the reasons therefor, if he was not being removed on account of misconduct--In case of removing an employee on account a stigma on his career/conduct, he was to be issued a show-cause notice and an inquiry had to be conducted into the allegations levelled against him---By executing agreement with the workmen, employers had flagrantly violated provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employees/Workmen, in the present case, had been in the, continuous employment of employers for a number of years, instead of issuing them letters of appointment they were compelled to execute an agreement that too for a period of 89 days, which was purposely done with the intention of circumventing the law---Employing the workmen for considerably long time, but giving them break of one day, was just a fraud on statute which could neither be ignored nor overlooked. Enmay Zed Publication (Pvt.) v. Sindh Labour Appellate Tribunal and 2 others 2001 SCMR 565 ref. (b) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 2(xxx), 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & S.O.12---Termination of service---Grievance petition---Appeal---Status of `workman', determination…

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