DECISION ' These appeals arise from the consolidated order of Labour Court No,VI, Hyderabad, whereby the grievance petitions of the Railways employees under section 25-A of the I.R.O. Were allowed and they were ordered to be reinstated in service with full back benefits.
2. The facts in brief are that the respondents were appointed as Railway gangmen from 1972 and in the subsequent years. They continued to do their duty up to 21-4-1991. They had been subjected to medical test and their service record was maintained in the Service Books issued for them. It is said that Railway Minister verbally directed the General Manager, Railways to dispense with the service of gangmen as a measure of economy. The services of the respondents were then terminated without any notice and without any written order just by oral word that they need not come on duty on the following day. The gangmen accordingly served the Railway with their grievance notices and then filed grievance petitions under section 25-A of the I.R.O. Before Labour Court No, VI at Hyderabad. The learned Labour Court found the termination by oral orders to be in violation of the Standing Orders Ordinance (Order 12(3)) and reinstated the workers with back benefits. The Railway Department has filed appeals against that order of the Labour Court.
3. It has been admitted by the learned Advocate for the Railways that the Hon'ble Minister Railways was not the appointing authority for these gangmen. Some of these gangmen were appointed by the Divisional Superintendent Railways and their services were terminated without any order in writing giving explicit reasons. Being workmen in the Railway Department A working under the Permanent Way Inspector on the Mirpurkhas Pithoro Section the appellants were governed by the Standing Orders Ordinance. Since all the workers whether permanent or temporary are governed by the Standing Orders, and their services can only be terminated by orders in writing giving reasons, the gangmen could not berived of their service by just an oral order, without notice, and without giving reasons for the termination.
4. The order of the Labour Court is accordingly maintained and these appeals are dismissed.