1. ' The petitioner filed this petition seeking declaration that the termination as well as impugned order are illegal and unwarranted and not sustainable in law and to reinstate the petitioner in service with full back-benefits.
2. ' Brief facts of the case are that the petitioner was employed as Confidential Secretary in the establishment of Messrs Philips Electrical Industries of Pakistan Ltd. Respondent No,3, on 1-7-1990. It is alleged in the memo. Of petition that by virtue of the nature of the job the petitioner was permanent workman as the petitioner had worked as Confidential Secretary for a period of more than 180 days. It is alleged that the petitioner performed his duties to the entire satisfaction of his superiors. The petitioner was not allowed to join duty on 1-1-1991 by the respondent No,3 and security staff has refused to allow the petitioner to enter into the premises of respondent No,3.
3. ' The petitioner received termination letter on 17-2-1991. After receiving the said notice the petitioner served grievance notice on the same day, which was replied by the respondent. The petitioner filed application under section 25-A before the Sindh Labour Court No,II and after recording the evidence and hearing the parties the application of the petitioner was dismissed. The petitioner then filed appeal under section 37(3) before the Sindh Labour Appellate Tribunal against the said order, which was also dismissed vide order dated 6-12-1999.
4. ' Aggrieved by the said order the petitioner preferred this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973.
5. ' Heard Mr. Gohar Iqbal, learned counsel for the petitioner.
6. ' The learned counsel for the petitioner argued that looking to the nature of the job of the petitioner, the petitioner became permanent workman and his services cannot be terminated as the petitioner was a workman as defined in section 2(1) of Standing Order Ordinance, 1968. The learned counsel further argued that in terms of the definition of the workman in Standing Order Ordinance, 1968 and looking to the nature of the job of the petitioner, the petitioner comes within the definition of workman and termination of employment without assigning any reason is without any lawful authority and is liable to be set aside.
7. ' We have gone through the memo. Of petition and documents annexed therewith. In order to appreciate the contention of the learned counsel for the petitioner, we would like to reproduce the appointment letter, which reads as under: "With reference to your application and subsequent interview, we are pleased to appoint you in our Organization as Confidential Secretary in our professional Light Department, in CS1 Cadre, with effect from 1st July, 1990, on the following terms and conditions:-- {{TABLE}} ' Besic Salary: Rs,2,200 per month.
8. ' House Rent Allowance 45% of basic salary per month.
9. ' Conveyance Allowance: Rs,600 per month.
10. ' Annual Bonus 3 months basic salary As per Bonus Rules.
11. ' Gratuity: As per Company Rules.
12. ' Medical Facilities 10% of basic salary paid annually.
13. ' Provident Fund: 10% of monthly basic Salary as per Company Rules.
14. ' Pension: As per Company Rules. {{TABLE}} ' You will be on probation for six months, during which period the services may be terminated by either party at any time without notice or any remuneration in lieu thereof and without assigning any reason and you will only be entitled to receive your salary upto and including the day on which your services are terminated.
15. ' After your confirmation, your employment may be terminated by either party giving one clear month's notice (not necessarily one calendar month) or pay in lieu thereof.
16. ' During such time as you are in our services, your employment shall be subject to the employment rules and regulations as presently applicable to the Officers of Philips Electrical Industries of Pakistan Limited and/or as the Company may lay down from time to time."
17. ' It appears that the petitioner on 11-7-1990 accepted all terms and conditions mentioned in the appointment letter and signed the same. In terms of the appointment letter the petitioner was informed that he has been appointed on probation for six months, during which period his services can be terminated by either patry at any time without notice or any remuneration in lieu thereof and without assigning any reason. The petitioner's service was terminated on 20-12-1990. i,e, within six months of the probationary period, mentioned in the appointment letter. In the termination no allegations has been levelled against the petitioner so as to make any stigma on the career of the petitioner.
18. ' In a detailed judgment of the Sindh Labour Appellant Tribunal, Mr. Justice (Retd.) Dr. Tanzil-ur- Rehman, as Chairman of the Tribunal, after discussing the evidence on record gave categorical finding that the petitioner does not come within the definition of the workman looking to the nature of his job and particularly that the post on which petitioner was appointed as not of the permanent nature. The learned counsel for the petitioner failed to point out that the job, on which the petitioner was appointed, was of the permanent nature so as to avail benefit available to the workmen.
19. ' For the foregoing reasons the petition is dismissed. These are the reasons for short order dated 29-4-2003.