DECISION This appeal calls in question the order of the Labour Court dismissing the petition for reinstatement.
The circumstances forming the background of the dispute are as follows:- It was alleged that the petitioner had been working with the respondents as a fitter for about a year and a half. He was clamouring for bonus and other benefits under the Labour Laws but all in vain.
On the 13th of April, 1992 he was instead pushed out of the factory by hired ruffians. The very next day, he had, therefore. Served a grievance notice and filed the petition before the Labour Court.
2. The allegations came to be denied in the written reply filed on behalf of the respondent. It was alleged that he was only a casual worker and had left the job of his own free will and volition. It was further alleged that he attended to 'his duty on the 13th of April and instead of reporting on the 14th he had sent the grievance notice.
3. The petitioner was his own witness and Sultan Sheharyar Anwar, Personnel Manager and Muhammad Javed Habib, a Director of the Factory appeared on behalf of the respondent.
4. The Labour Court for the reasons given by it dismissed the petition resulting in this appeal. .
5. The case of the respondent all along was that the appellant was a casual worker. He has also been called a temporary worker at places, working on daily wages. However, the attendance cards Exhs. R-2 and R-3 has filed by Sultan Sheharyar Anwar pertain to the month of December, 1990 and for February, 1991. Muhammad Javed Habib mentions that he was in their employment in February, and March also. He has produced debit vouchers for the same. It has nowhere been stated by the respondent that they had issued any appointment letter which is the requirement under Standing Order 2(1) and 2(A); the letter reads as under:- "Every workman at the time of his appointment, transfer or promotion shall be provided with an order in writing showing the terms and conditions of his service."
6. In the circumstances the contention of the appellant that he was working with them for about 18 months cannot be said to be wrong.
7. It was however contended by Mr. Khadim Hussain learned counsel for the respondent that if he was working with the respondent his name should have been there in the voters list for the referendum to be held in July, 1992 copies whereof have been brought on the record.
8. There could be no gainsaying the fact that the Voters' Lists are required to be upto date for the purpose of referendum or an election. On the showing of the respondent themselves the appellant had left the job on the 14th of April. If therefore his name is not in the Voters' List, it could hardly be a matter of any surprise. It should not be there because he had ceased to be working three months before the date of referendum.
9. The respondents have produced the debit vouchers for the months of February and March. No explanation has however been furnished as to why they could not produce the debit voucher (or the days that the appellant had worked in the month of April. If he had decided to move elsewhere, it would be normal to expect that he would have collected his dues for the days he had worked in April. As a labourer he could not be above wants. Mr. Khadim Hussain submitted that he could do that any time. But it is not a question of the accounts being settled. It demolished the very foundation of the respondent's case. Certainly the burden was on them to establish their stand and they have signally failed therein. They did not even bother to reply to the grievance, not to mention their readiness to clear the dues. I am clearly of the view that it was not the appellant who had decided to depart. He had been unceremoniously bundled out.
10. It is a trite proposition of law that a worker cannot be removed, nor can his service be terminated except in writing and with an expect reason therefore. That was not done and verbal termination, being illegal cannot, be sustained.
11. I will therefore set aside the order of the Labour Court and allow the appeal. The appellant would be reinstated in service within a month from today with full back benefits, as he had remained jobless.