1. This is an application under section 25(1)(6) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, hereinafter referred to as the Act.
2. The case of the first party is that he was working as a guard under the second party for a period of about 14 months. On 20-4-70 his services were verbally terminated without assigning any good reason or payment of the legal dues. He sent a grievance petition to which he did not get any satisfactory reply. Hence this petition.
3. The second party entered into appearance and submitted that his services were not satisfactory.
4. He was a temporary worker and he has been retrenched.
5. Points for determination:
(1) Whether the services of the first party were terminated illegally?
(2) What relief, if any, is the first party entitled to?
6. FINDINGS AND DECISION Points 1 and 2.-This is a case of termination simpliciter. The second party could not dispute that the first party was in employment for 14 months. His last pay was Rs. 100'00 per month. It has been stated that he was not given any notice pay or other termination benefits as per law. The first party was employed to guard the property of the cold storage and the nature of employment does not appear to be temporary at all. Hence the case of the second was temporarily engaged appears to be false. He has completed more than 3 months' service and in due course the same has been made permanent. He is, therefore, entitled to the benefit of a permanent worker. As no, disciplinary action has been taken against him by the' second party, it appears to be a case of termination simpliciter.
7. In the result, the application is allowed on contest and the second party is directed to re-instate the first party to his former post with all back wages and arrear dues, within 30 days from the date of this order.
8. I have consulted the written opinion of Mr. S. A. Haleem, Member, in arriving at this decision.