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1995 PLC 49

Messrs AZAD PAPERS LIMITED, KARACHI vs MUHAMMAD IQBAL and another

Citation1995 PLC 49
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-534 of 1993
Date1994-09-13
Judge(s)Agha Ali Hyder
ResultAppeal dismissed

DECISION ' This appeal from the order of the Labour Court No, V, at Karachi ordring reinstatement of the petitioner has arisen in the following circumstances:-- ' The petitioner was appointed as a Driver on the 1st of July, 1992. It is alleged that his services came to be terminated verbally on 30-11-1992. He had preferred a petition challenging the termination before the Labour Court which came to be allowed.

2. The entire argument of Mr. Khadim Hussain counsel for the appellant revolves around the word temporary appointment and looking to the letter of appointment which is on the record I fail to understand how the appellant by any stretch of imagination can be considered to be temporary.

The letter of appointment talks about annual increment next July, It also mentions that if his services proved to be satisfactory he would be entitled to additional increment.

3. The fact is not disputed that there was no order in writing. I had therefore not called upon Mr. Khalilur Rehman learned representative for the respondent to address.

4. Manifestly he was a permanent employee and under the law his services could not be terminated verbally. There is ample law on the subject. Mr. Khadim Hussain cited the case of Indus Steel Pipes Limited v. Sindh Labour Appellate Tribunal and 2 others 1992 PLC 657. That has no application whatsoever. The appeal is devoid of all merit and stands dismissed.

5. I will therefore affirm the order and dismiss the appeal.

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