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1997 PLC 633

THE OPERATIONAL HEAD BULK WATER SUPPLY DEPARTMENT, PAKISTAN STEEL,

Citation1997 PLC 633
CourtLabour Appellate Tribunal
Case No.Appeal No. KAR-51 of 1996
Date1996-08-06
Judge(s)Mushtaq Ali Kazi
ResultAppeal dismissed

DECISION This appeal arises from an order of the Fourth Sind Labour Court, Karachi allowing the grievance petition of respondent worker Muhammad Qasim for reinstatement in service with full back benefits.

2. The facts of the case in brief are that the respondent was appointed as silt cleaner at Gharo in the Water Supply Department of the appellant Bulk Water Supply Pakistan Steel Mills. He was appointed temporarily and was to be paid consolidated wages at the rate of Rs.35 per day.

However, no particular fixed term was mentioned for which he was appointed and he continued to remain in service up to 16-10-1991. The work being of permanent nature.

Thereafter, his services were orally terminated without any order in writing on the plea that he was working on daily wages but even a temporary worker oil daily wages is a worker within the definition of I.R.O. And the Standing Orders and under Order 12(3) of the Standing Orders Ordinance services of a workman shall not be terminated except by an order in writing which shall explicitly state the reason for the action taken. The learned Advocate for the Steel Mills admits that the respondent's services were terminated without any order in writing and without giving him any reason.

3. Under the circumstances the termination is bad and not in compliance with the Standing Orders requirements. The learned Labour Court accordingly held that the order being in violation of Standing Order 12(3) the termination had to be set aside.

4. I can see no reason to disagree with the findings of the learned Labour Court. There is no substance in this appeal which is accordingly dismissed.

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