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1978 PLC 174

HOME INSURANCE COMPANY vs MUHAMMAD ASLAM SIDDIQUI

Citation1978 PLC 174
CourtLabour Court
Case No.Appeal No, 36-D of 1976
Date1976-02-22
Judge(s)Rai Abdul Razzaq Khan
ResultAppeal is dismissed.

ORDER

1. ' This is an appeal preferred against an order dated 9th December, 1975 passed by the learned Presiding Officer, Junior Labour Court, Rawalpindi, on a petition made to that Court under section 75-A of the Industrial Relations Ordinance, 1969. Petition was accepted. Hence Management has come in appeal.

2. ' I have beard the learned counsel of the parties and have gone through the record of the Junior Labour Court, as well as the impugned order.

3. ' Respondent was a clerk-cum-typist with the appellant. He was charge-sheeted. Photostat copy of charge-sheet is Exh. P. A. It contains 12 charges. He was dismissed, then he made a petition to the Junior Labour Court and there the Management made a statement that they are ready to re- instate him. Consequently he was re-instated on 13th September 1975 but was again dismissed on 30th September 1975, on the ground that he had fallen surplus.

4. ' Learned counsel for the appellant has contended that West Pakistan Industrial and Commercial standing Orders Ordinance, 1968, is not applicable to the appellant concern as there are only two or three employees including the Branch Manager. Home Insurance Company has different branches a Karachi, Lahore, and Rawalpindi etc. And this is the admitted position of the parties that employees of Insurence Company at Rawalpindi are paid their wages from the Head Office at Karachi, so it is a part and parcel of the main and as such the said Standing Orders Ordinance is applicable to their case. Respondent was re-instated on 18th September 1975, but he was found to be surplus on 30th September 1975. It is evident from the conduct of the employer that he was playing hide and seek with the employee in order to get rid of him.

5. ' In that view of the matter I do not see any ground to interfere into the judgment of the Junior Labour Court. It is hereby maintained and appeal is dismissed.

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