1. MD. NURUL ISLAM KHAN (CHAIRMAN).-This is an applica--tion under section 25 (1) (b) 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 appointed as a Welder in the second party's establishment on 13-4-1968. He was working to the entire satisfaction of his superior. His working hours were fixed at 54 hours a week. But no overtime wages was paid. The first party also worked on Sundays without any allowance. The first party along with others approached the second party for overtime allowance and he promised to pay the same in lump after completion of his one year of service. In the meantime the first party passed the X-Ray Welding Test. But when after completion of one year he demanded overtime allowance the second party became highly annoyed with him and on 4-6- 1969 he was verbally dismissed from services for no fault of his. This order was illegal and arbitrary.
3. The first party sent a grievance petition on 14-6-1969. The second party replied by his letter dated 20-6-1969. Thereafter this case has been filed with a prayer :or re-instatement in his former post with all back wages and for directing the second party to pay overtime allowance for working on Sunday and doing overtime on other days, to make over the X-ray Test Certificate to the first party and to give all other dues.
4. The second party entered into appearance and flied a written statement in which it was stated inter alia, that the case is not maintainable. It was submitted that the establishment of the second party was purely temporary as it came into existence to perform a specific contract under the Titas Gas and as soon as the contract work namely, the laying of the Pipe line would be complete, the second party itself will cease to exist. The first party was engaged as a Welder in the said temporary work. The work performance of the first party was found unsatisfactory and complaints came from different quarters and he was warned several times. Ultimately the second party was compelled to dispense with his services granting him one month's notice pay in lieu of one month's notice as he is entitled to as a temporary worker: The first party refused to accept the termination letter. So it was pasted in the notice board. He did not collect his dues from the office of the second party. All other allegations are false and fabricated. The second party' was willing to give one month's notices pay and earned wages for 4 days of June 1969.
5. Points for determination in the present case are:
(1) Whether the services of, the first party were dispensed `with illegally?
(2) What relief, if any, is the first party entitled?
6. FINDINGS AND DECISION Both the points are taken up together for the sake of convenience.
7. Now while arguing the case in Court the second party produced their letter which was a reply to the grievance petition of the first party. In this letter they have stated that the first party could not qualify as a completely certified Welder though the second party spent more than Rs. 2,000.00 towards his wages, etc., for getting him qualified as such. It. was also stated that his services; were not satisfactory. During the summer his working hour; were 47 hours and during winter the working hours were 44-- hours ink a week. So the complain of doing overtime work trip to 54 hours in a week was not correct. The working on Sunday was a rare and whether he was working on Sunday was not known to the Company. The first party was an X-Ray Tested Welder for fill-and cap only and was never a fully qualified X-Ray Tested Welder. The X-Ray Testing Certificate as, mentioned by the first party was issued by the Company on the ground that the company itself' would arrange for its own work, and the company bore the expenses involved for such test for, all the welders. This certificate was only meant for welding activities in Pakistan, Ltd. The first party started with a pay of Rs. 530.00 and though his service was not satisfactory, to the foreign engineers; he was given Rs.
8. 700.00 in consideration of his family needs. The second party then admitted that his services were terminated. His works were not found satisfactory in different places. All these facts adduced by the second party would show that the services of the first party were suddenly terminated without giving him termination benefits. The second party could not establish that the nature of their work is temporary by producing any document. The second party should have proved that they, are a temporary company and that the company has been formed only for the purpose of performing a contract work for a limited time. The nature of the work might be temporary. But from the statement of the parties it appears that the Company is not that of a temporary as the second party has not produced any document or other proof in its favour to prove that the company itself was temporary. So we have to regard the services of the first party as permanent and according to the admission of the second party, the first party must be given termination benefit as a permanent worker is entitled to under section 19 of the Act.
9. As for the claim for overtime allowance we have nothing to ~ do since this does not come within the purview of the Act nor there is any adequate proof regarding such overtime work. Hence this claim is disallowed.
10. As for the X-Ray Certificate the second party has admitted that the certificate has been issued.
11. Whatever may be the merit of the certificate, if it has been issued in the name of the first party, it should be handed over to him. The company cannot impound it.
12. It is, therefore, ordered that the second party be directed to pay termination benefits to the first party as follows and he be directed to deposit the amount so calculated herein below within (sic) days from the date of this order, in favour of the first party
(i) Notice pay for 90 days at the rate of Rs. 700.00 per month.
(ii) Compensation for 14 days.
(iii) Arrear pay for 4 days of June 1969.
(iv) Wages or unavailed of annual leave, if due.
13. I have considered the opinion of the Members while giving my decision as above.