DECISION Heard Mr. Dilawar Hussain for the appellant.
This Appeal arises from an order of Sind Labour Court No. IV, Karachi, whereby the grievance petition of Muhammad Nayyar Ashraf for his reinstatement in service was allowed with full back benefits.
2. It is the case of the respondent that he was employed in service of Pakistan Steel on 1-7-1991 as a workman. His job was of permanent nature. His services were terminated on 2-2-1992 but no order of termination was given to him giving reasons, but he was simply gate stopped.
3. The learned Labour Court found that the respondent was appointed on monthly salary of Rs.1,200 on 1-7-1991 till 2-2-1992 when he was orally informed that his services had been terminated.
Termination was thus illegal and mala fide. Under Standing Order 12(3) any workman whether permanent or temporary has to be given an order in writing on termination of his service explicitly stating the reasons for the termination. In the present case even according to the case of the Steel Mills the workman was appointed twice for 89 days each so as to retain him as a temporary worker though on permanent basis but under Standing Order 12, subsection (3) no distinction is made between permanent and temporary worker. In case of any, worker the termination order is to be in writing giving reasons. The termination of the respondent was, therefore, in violation of the Standing Orders Ordinance as held by the Labour Court.
4. The decision of the Labour Court is, therefore, maintained and this appeal is dismissed in limine.