SHAHNAWAZ TARIQ, J.---Through the captioned Constitution petition, petitioner Ali Sher Manganhar has invoked the Constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, and has prayed for the following reliefs:--- "(A) To direct the respondents No, 2 to 5 to produce the copy of any letter, mail, or any show- cause notice through which petitioner was removed from employment/service because petitioner was forcibly, illegally and unlawfully without any show cause or written letter/order, removed from service with verbal order, without giving legal benefit as per contract.
(B) To direct the respondent No, 6 to take departmental action against respondents No, 2 and 3 as per rule of law and pay the salary to petitioner till final disposal of this petition.
(C) To direct the respondents No, 4 to 6 to restore the service of petitioner on its same position because petitioner without any written order was illegally removed from service by respondents No, 2 to 4.
(D) To,grant any other relief which this Hon'ble Cour deem fit and proper according to law."
2. Learned counsel for the petitioner contended that petitioner was inducted in service by the respondents as "Godown Chowkidar" and his contract of employment was extended from time to time, however, on 4.2.2015, respondent No, 2 removed him from services verbally and illegally. He further contended that the petitioner is a low paid employee of the respondents, therefore, they be directed to produce copy of the term:nation order of the petitioner and he may be restored in service on same terms and conditions.
3. Perusal of material available on record and consideration of the arguments advanced by learned counsel for petitioner emanate that petitioner was employed as Godown Chowkidar by the respondent Bank on 15.10.1991. Subsequently, vide contract dated 27.4.2006, petitioner was offered by the respondents for employment as "General Services" on contract basis and he continuously remained in service with respondents. It is further averred that vide letter dated 11.12.2006, the respondent No, 5 issued a circular addressed to all the Staff Members, Collateral Services Limited, Sindh Province, for their registration under Social Security Scheme and requiring them to fill a proforma along-with 3 passport size photographs and copy of, CNIC. Consequently, the petitioner also/filled the said required proforma for his registration with Social Security Scheme Sindh. The copies of the documents available at pages-Nos. 9 to 29 of this file reflect that petitioner remained in continuous service of the respondent Bank in "General service " on contract basis. However, the service of petitioner was terminated verbally by the respondent No, 2 on 4.2.2015 without issuing any written letter for termination of his services nor his outstanding dues were paid.
4. It is significant to mention, that services/duties assigned to the petitioner fall within the definition of a "Workman" as such it was incumbent upon the petitioner to invoke the jurisdiction of the concerned forum by filing a grievance application after issuance of grievance notice. Undoubtedly, respondents' organization is trans-provincial and petitioner has to seek proper remedy by filing appropriate proceedings before the concerned NIRC. Moreover, learned counsel for petitioner served a legal notice upon the respondents on 24.3.2015, prior to the filing of instant petition, which has served the very purpose of legal requirement of issuance of grievance notice, that petitioner has approached the respondents for redressal of his grievances and it is for the worker to serve the grievance notice by himself or through his counsel.
5. The work/duty assigned to the petitioner is permanent in nature which is established by the factum of continuous extension of contracts of service by the respondents since 15.10.1991, therefore, respondents could not terminate service of petitioner verbally. The unblemished continuous contractual service of the petitioner for 24 years without any discontinuity and registration with SESSI, has also strengthen the plea that service of petitioner is of a permanent nature and respondents were bound to regularize the service of the petitioner but same was not done which emanate the deviation from the relevant laws on the part of respondents, therefore, while deciding the such cases, the Court has to examine judiciously the entire conduct and demeanors of the employer.
6. It is well-settled that services of a temporary workman can be terminated or dispensed with without assigning any reason when it was found that either work for which he was employed had been completed or that the post for which he was employed was no
7. Considering the facts and circumstances referred supra, instant petition stands dismissed in limine being not maintainable under the law. However, the petitioner is at liberty to file appropriate proceedings before the competent forum for the redressal of his grievance within 21 days after passing of this order and limitation will not come in the way.