1. ' This is a Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan whereby the petitioner has challenged the decision, dated 30-5-1998 passed by respondent No,2 viz Sindh Labour Appellate Tribunals whereby the appeal filed by respondent. No,1 was allowed, and impugned order, dated 17-9-1997 passed by learned Labour Court was set aside and respondent No,1 was ordered to be reinstated into service within fifteen days of the order with all back benefits.
2. ' We have heard the learned counsel for the parties and perused the impugned orders and have gone through the case-law cited by the counsel for the parties.
3. ' The only point involved in this petition is whether the services of respondent No,1 can be terminated without assigning any reason.
4. Admittedly, in the instant case the termination order, dated 2-5-1995 states that respondent No, 1 's services are no more required by the petitioner/employer with immediate effect and respondent No,1 stood released from service during the period of his probation. Perusal of the impugned termination order does not give specific reason as to why the services of respondent No,1 were "no more required by the employer/petitioner. Mere fact that the words "no more required" are mentioned, the same would not amount to any reason, within the mischief of provisions of Order 12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance.
5. ' Reference may also be made to Pakistan International Airlines v. Sindh Labour Court No,5 and others (PLD 1980 SC 323) wherein their Lordships of Supreme Court have observed:-- "Mr. Sarwana feebly submitted that the provisions of Standing Order 12 were available only to the permanent workmen and that in any event this Standing Order had nothing to do with the workmen's right to file a grievance application which was governed exclusively by section 25-A.
6. The submissions is totally fallacious. It is.True that clause (1) of Standing Order 12 refers in terms to a permanent workman, and the right conferred by this clause is available to permanent workmen only. But this cannot possibly lead to the conclusion that the rights conferred by clause (23) of the Order are limited to permanent workmen only, the more so, as the second clause refers in terms to temporary workmen, probationers, etc. Turning now to clause (3). It reads:--
(3) The services of workman shall not be terminated, nor shall a workman be removed, retrenched, discharged or dismissed from service, except by an order in writing which shall explicity state the reason for the action taken. In case a workman is aggrieved by the termination of his services or removal, retrenchment, discharge or dismissal, he may take action in accordance with the provisions of section 25-A of the Industrial Relations Ordinance, 1969 (XXIII of 1969) and thereupon the provisions of the said section shall apply as they apply to the redress of an individual grievance.'
7. ' This clause refers to a workman simplicity, unlike the two preceding clauses, which refer in terms to specified classes of workmen. The reason why clause (3) refers to workmen without any qualification is obvious. As we indicated earlier, the benefits of many of the Standing Orders are available to all workmen whatsoever, and as clause (3) entitles an aggrieved workman to enforce his rights under the Standing Orders, the Legislature had deliberately not qualified the work 'workman' by any adjective, so as to make it clear that the right conferred by this clause to file an application under section 25-A of the Industrial Relations Ordinance is available to any workman whose rights under a Standing Order have been infringed. Therefore, Mr. Mohsen Ali was right when he invited us not to take a lenient view of the pleading and to treat the grievance application of the respondents as an application for their reinstatement under Standing Order 14."
8. In view of above settled proposition of law we do not find merit in this petition which is hereby dismissed in limine alongwith the listed applications.