Pakistan Case Lawโ† Search
1996 PLC 226

SULTAN AHMED vs Messrs EXIDE PAKISTAN LTD., KARACHI

Citation1996 PLC 226
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-426 of 1994
Date1995-11-16
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION ' This appeal arises from an order of Second Sindh Labour Court, Karachi whereby grievance petition of Sultan Ahmed for re-instatement was dismissed.

2. The facts of the case in brief are that the appellant was appointed by the respondent Exide Pakistan Ltd., for assembly work of the Battery from 18-2-1990 for a fixed period of two months as a temporary worker. On completion of the work assigned to him his services were terminated on 19- 4-1990 and a letter of termination dated 13-5-1990 was sent to him by registered post stating that "with regard to his temporary appointment his services were no longer required and after close of the work on 10-5-1990 his services were being terminated on completion of the work assigned to him". This termination letter was received by the worker on 19-5-1990 according to the Acknowledgment Receipt of the Post Office.

3. It is the case of the appellant that his appointment was a permanent nature as the assembly of Exide Battery continued indefinitely. Mr. S.P. Lodhi has also argued that his services were orally terminated and no termination order was given to him. However the facts on record are otherwise.

He was appointed purely on temporary basis and he had received the' termination in writing by post giving reasons for his termination under Order 12(3) of the Standing Orders Ordinance.

4. Mr. Mehboob Rizvi, Advocate for the Exide Pakistan Limited has argued that the work for which he was appointed was for specific period of two months and his services were terminated before he completed three months. He did not therefore became a permanent worker and his services were terminated lawfully as provided under Order 12(3) of the Standing Orders Ordinance. I find that the appellant being a temporary worker his services could be terminated any time by an order in writing giving reasons and the termination in this case isnot mala fide. The order of the Labour Court is accordingly maintained and the appeal is dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch