DECISION This appeal calls in question the order of the Labour Court No. IV, Karachi, whereby the petitioner was reinstated in service with "consequential benefits". It arose in the following circumstances.
2. The petitioner alleged that he had been working with the respondent as a fitter since 1984 and had been verbally removed from the job on 16-1-1991. He had sent the grievance notice and as there was no word of comfort for him, he had filed the petition before the Labour Court.
3. In the written statement filed by the respondent all that was-stated was "that the applicant was never in employment since 1984 till 16-1-1991 as permanent employee as alleged. The applicant has worked for some time as temporary daily wage-earner in the year 1990 and left the service of his own accord since 16-1-1991, as no notice is to be given by a temporary employee in law----------- -------
4. The petitioner was his own witness and Mehfooz Hussain Zaidi, Deputy Manager, Accounts Department and Haroon Rashid Abbasi, an employee of Security Department appeared on behalf of the respondent.
5. The Labour Court, for the reasons given by it, allowed the petition with back benefits resulting in this appeal.
6. The respondent, in support of his contention, had produced an Identity Card, a Card from the Chairman, Vigilance Team and a Transport Card which pertain to the years 1989 and 1990 respectively. The Deputy Manager Mehfooz Hussain Zaidi could not deny about the period of his service as, according to him, he was not a permanent employee.
7. Clause 2-A of the West Pakistan, Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968 provides that "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". Whatever the nature of appointment there should have been a letter of appointment and one cannot, therefore, say that the allegation of the respondent are without any basis.
8. What is worse is that according to clause (3) of Standing order 12 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, "the services of a workman shall not be terminated, nor shall a workman be removed, retrenched, discharged or dismissed from service, except by an order in writing which shall explicitly state the reason for the action taken".
That also was not done. Though it was the bounden obligation of the appellants under the law.
There is a plethora of case-law that mere verbal termination of service, as patently it was, cannot hold ground.
9. There is no merit in the appeal. I will, therefore, uphold the order and dismiss the same.