' This appeal arises from the decision dated 14th October, 1982 passed by the learned Presiding Officer, Punjab Labour Court No, 4, Faisalabad, whereby the respondent was directed to be reinstated in service.
2. The respondent was employed as Ward Servant on 6th October, 1980 in the leave vacancy of Muhammad Anwar and continued upto 27th March, 1982 when his services were terminated on the ground that he appellant that the respondent was a Badli and neither a temporary nor a was found absent. It has been argued by the learned counsel for the permanent employee, so could be terminated without holding any enquiry against him. The argument is without any force. A badli remains in service till the employee, in whose temporary absence he was employed, resumes duty.
If he becomes permanent he is to be given alternate job, if available, when the temporary absentee resumes duty. If there is no job, he is terminated and is entitled to be recalled if and when any vacancy occurs. According to the definition of permanent workman given in Standing Order 1, a Badli becomes permanent if he completes three months or 183 days. The respondent served as Badli from 6th October, 1980 to 27th March, 1982 and thus became permanent. Since the allegation of misconduct was against him. Standing Order 12 (5) was applicable and thus for his removal following of procedure given in Standing Order 15 (4) was necessary. Since it was not done, he was rightly directed to be reinstated in service.
3. As upshot of the observations made above, I do not find any force in the appeal and dismiss it in limine.