DECISION Heard Mr. Faisal Kamal for the Steel Mills.
' The respondent Hanzo son of Muhammad Khan was employed as a Chowkidar at Gharo Pumping Station from 4-4-1984, on the basis of daily wages at the rate of Rs,45. He continued to work there till 16-10-1991.
2. It was the practice of the Operational Head of Steel Mills to employ the worker just for 90 days and then terminate his service only to be reemployed on the next day as fresh worker. This was to avoid the regular service of the worker on permanent basis, though the nature of the duties performed by him at the Gharo Pumping Station were not temporary but continuous. The worker accordingly filed his grievance petition against the periodical termination of his service without assigning any reason and without order in writing. The learned Labour Court found that the respondent was a permanent worker. He was therefore, re-instated in service with full back benefits within thirty days of the order. Against this decision Pakistan Steel Mills have preferred this appeal. The learned counsel for the Steel Mills has admitted the facts of periodical termination on re-instatement to be correct. Similar case of another such worker Muhammad Ashfaq Khan v. M/s. Pakistan Steel Mills, Karachi was decided by this Tribunal and is reported in 1995 PLC 180. In that case this point was discussed at length that the respondent was a worker and his service could not be terminated except under Standing Order 12(3) by order in writing giving reasons: It was mentioned in the judgment as under:-- "I accordingly find that the termination of the appellant who is a workman, orally without giving reasons for the termination is in violation of Standing Order 12(3) and as such of no legal effect."
3. The worker was accordingly re-instated in service.
4. There is no substance in this appeal and it has not been shown that the respondent was not a worker. The appeal is accordingly dismissed in limine.