' Muhammad Sharif, Shahbaz Khan and Nasir Ahmad have submitted this petition against the Sui Northern Gas Pipe Lines Limited and Station Incharge Mananwala, District Sheikhupura under section 6 of Pakistan Essential Services (Maintenance) Act, 1952 for re-instatement in service.
Muhammad Sharif was appointed as Helper with effect from 17th September, 1979 while Shahbaz Khan and Nasir Ahmad were appointed as Chowkidars with effect from February, 1979 and October, 1979 respectively. It has been submitted that they have been discharging their duties to the entire satisfaction of the Station Incharge but they were paid off on 13th April, 1981 upto the 31st of March, 1981 without assigning any reason. The petitioners submitted applications under section 25-A of the Industrial Relations Ordinance, 1969 but they were not informed of the reason of termination of their services. It has been submitted that they had applied to the Labour Court No, 3 Ferozewala, District Sheikhupura under section 25-A of the IRO but the respondent challenged the jurisdiction of the Labour Court and the Labour Court therefore, directed to file this petition before the Commission.
They have therefore, submitted the petition before this Commission now.
2. In their reply statement the respondent submitted that the petitioners were not permanent employees and as such the Commission had no jurisdiction to adjudicate upon this matter. They also raised objections on submitting the application not within time. It has been submitted that the petitioners were engaged on purely casual basis and they were paid off after the work was finished. The petitioners have otherwise also no guaranteed right to remain in service.
3. I have heard the arguments of the parties and examined the Senior Administrative Officer SNGPL, Faisalabad. He submitted that the number of persons employed at Manawala Station has been and it has never been reduced to less than 7. He submitted that the services of the employees are terminated but new persons are appointed in their place and that it has never happened that the services of the employees were terminated and nobody was appointed in their place immediately thereafter.
4. These employees have more than one year's service to their credit and they cannot be termed as Casual employees. Moreover under the law services of the employees to whom the Essential Services (Maintenance) Act has been extended cannot be terminated without any reasonable excuse. This applies equally to all the employees whether temporary or permanent. I feel the services of these employees have been terminated without any reasonable excuse and in view of the fact that the Senior Administrative Officer had admitted in his statement before me that the services of the employees are terminated but the vacancies are filled immediately, it is proved that the services of these employees have been terminated without any reasonable excuse. I, therefore, direct that these employees should be re-instated with effect from the date of their termination with full back benefits.