DECISION ' This appeal arises from an order of the Fourth Sindh Labour Court, Karachi whereby the grievance petition of the appellant for re-instatement in service with full back benefits, was dismissed.
2. The facts in brief are that the appellant was appointed as a welder on daily wages at the rate of Rs,45 per day in the Steel Mills. His order of appointment shows that he was to work as welder at the Bulk Water Supply Station at Gharo with effect from 12-4-1988. That the work of welding was likely to be completed within 89 days and the services can be terminated any time by either side without any notice or payment in lieu thereof. This temporary job which was expected to be completed within 89 days i,e, one day less than three months continued until the services of the appellant were terminated by a letter, dated 28th September, 1991. This letter bore the heading "Termination Order". It reads as under:-- "The temporary job for which you were appointed on daily wages basis has been completed.
' Your services are, therefore, terminated with effect from the close of work on 28-9-1991.
' You are hereby advised to collect your full and final settlement dues if any from our department as soon as possible."
3. The worker thus continued to be in service from 12-4-1988 to 28-9-1991 for more than three years.
It cannot, therefore, be said that he was appointed for a fixed term of 89 days nor can it be said that the work of welder at Gharo Pumping Station is of temporary nature. There is no Intervening Order of termination or re-appointment filed by the Steel Mills. I, therefore, find that the services of the appellant which were continued for more than three years for a work of permanent nature were permanent and not temporary. It is immaterial whether the appellant is paid as daily, monthly or any other basis.
4. It is not understood how the employers found the initial period of the employment of the welder to be one day less than 90 days. This practice appears to be a fraud on the statute. The management tried to circumvent the impact of the Standing Orders Ordinance by showing the worker to be for a period of less than three months so that his services can be terminated without following the requirements under the Standing Orders Ordinance. It has not been shown by the Steel Mills why the work of welder at the Pumping Station was discontinued after a period of three years. What was the re-organization and what was the cause of retrenchment. I am; therefore, of the view that this order of termination suffers from mala fides. The conduct of the management from the start to the finish appears to be suspicious to say the least and not above board.
5. In the result the order of termination and the decision of the Labour Court are set aside and the appeal is allowed. The appellant may be reinstated in service with all the back benefits within a period of 30 days.