Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 12,1,2(bb)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---   ----Schd. S.Os.12, 1 S.2(bb)---Constitution of Pakistan (1973), Art.185(3)---Termination of employment---Work being performed by the employee as tube-well operator was connected with water work, well within the meaning of construction industry as defined in S.2(bb) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Nothing was on record to indicate that he was being paid salary only for those days of week during which he worked---Record also showed that employee was engaged on a work of permanent nature within the meaning of clause (b) of S.O. 1 of the Schedule to the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Employee being a permanent workman in terms of the provisions of the Ordinance, he could not have been summarily dismissed and that too without a written order---Procedure adopted by the employer, in dismissing the employee, was violative of S.O. 12 of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Petition for leave to appeal was dismissed in circumstances.    ORDER TASSADUQ HUSSAIN JILLANI, J.--- Respondent Muhammad Amir was appointed as Tube-Well Operator on Water Supply Scheme No.9 in March, 1993 in the Public Health Engineering Department, Sargodha Division, Sargodha. Pursuant to the promulgation of Punjab Local Government Ordinance, 2001, his services along with others were transferred to T.M.A., Bhalwal under the Devolution Plan, where he served and received his salary from the said Local Council for the period from 1-4-2002 to 30-6-2002. His salary was stopped then, which obliged him to approach the Provincial Ombudsman and on latters direction the salary was released for the period in question (from 1-5-2003 to 31-8-2004). Thereafter, his salary was again stopped and when he moved-the Provincial Ombudsman for the second time, he came to know on 15-8-2005 that his services had already been terminated w.e.f. 1-9-2004. This order was challenged before the Punjab Labour Court but the same was of no avail as the petition was dismissed on the ground of…

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