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1975 PLC 384

UAZ HASSAIN SHAH vs Messrs ZAMAN TEXTILE MILLS, KOTRI

Citation1975 PLC 384
CourtIndustrial Court
Date1972-12-23
Judge(s)Manzoor Ahmad E. Shaikh
ResultN/A

1. AWARD The applicant was appointed on 18th March 1972 by the respondents as a Clerk and worked up to 5th May 1972 when all of a sudden he was paid his up-to-date dues and asked to go away as his services were stated to be no more required. The applicant also states that on three Sundays as well as on other days he had worked overtime what for that also nothing has been paid to him. He has therefore filed this application after a grievance application praying that he be ordered to be re-instated and paid his dues for the overtime done by him. The respondents have stated that the applicant's services were terminated as he was a probationer and had failed to show satisfactory work in spite of three chances given to him. They have also stated that the applicant was not entitled to any notice of termination and that there being no overtime work done by the applicant he is not entitled to any of the reliefs prayed for by him. The evidence has been recorded through affidavit of the applicant on his side and the affidavits of M/s. Muhammad Akmal Khawaja Muhammad and Nazir Anjum on the repondent's side. The documents produced in his cross- examination show that the applicant was appointed as a probationer on 18th March 1972 while his services were terminated on 5th May 1972 (i.e., after one month and eighteen days after payment of his up-to-date dues which were accepted by him without protest (vide Exh. R-I and 5). It is also evident from documents Exhs. 2, 3 and 4 that the applicant was tried in different Departments as a Clerk and that in all these trials his work and conduct being unsatisfactory was subject of reports resulting in termination of his services there is no other evidence on record and it is also not proved that the applicant at any time had worked overtime as claimed by him. Since it is admitted that no written order of termination of his service was served on him the only question to be considered is whether this would entitle the applicant for the grant of his prayer. I am afraid this also goes against the applicant. Under standing Order No. 12(2) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (as amended) no probationer employee is entitled to any notice. The para. 3 of this Standing Order does not apply * to the applicant who in fact falls under the category of para. No. 2 which reads as under:-- "(2) No temporary workman, whether monthly rated, weekly-rated, daily-rated or piece-rated and no probationer or badli, shall be entitled to any notice if his services are terminated by the employer, not shall any such workman be required to give any notice or pay wages in lieu thereof to the employer if he leaves employment of his own accord," I accordingly find no merit in this application and dismiss the same.

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