' This is an appeal against the order dated 6-8-1977 of Punjab Labour Court No, 1, Lahore.
2. Syed Mahmood Ali Shahzad, respondent was appointed as an Office Assistant in Service Industries Limited on 9-12-1976. In the appointment letter dated 9-12-1976 Exh. P. 2 it was specifically mentioned that he would remain on probation for a period of three months from the date he joined. He joined service on 10-12-76. On 22-2.1977 during the probationary period his services were terminated as no longer required vide letter Exh. P-1 dated 22-2-1977.
3. Against the termination of his services he served a grievance notice &h. P. 3 on 30-3-1977 and filed a petition under section 25-A of Industrial Relations Ordinance, 1969 on 13-4-1977 before the Labour Court, which was of the opinion that there had been non-compliance of subsection (3) of Standing Order No, 12 of West Pakistan Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968 and, therefore, the order of termination of the respondent's service was illegal.
According to the learned Labour Court, the words 'no longer required' did not disclose any explicit reason.
4. Aggrieved by the above decision, Service Industries Ltd., through its Manager, appellant has preferred this appeal.
5. The learned counsel for the appellant contended that in view of subsection (2) of Standing Order No, 12, no notice was necessary and that subsection (3) of Standing Order No, 12 was not applicable. At this stage it will be convenient to reproduce subsections (2) and (3) of Standing Order No, 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Subsection (2) of the said Order reads as under :- "No temporary workman, whether monthly-rated, weekly-rated, daily-rated or piece rated, and no probationer or badli, shall be entitled to any notice if his services are terminated by the employer, nor shall any such workman be required to give any notice or pay any wages in lieu thereof to the employer if he leaves employment of his own accord."
' Subsection (3) reads as under t- "The services of a 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 explicitly 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."
6. From the perusal of subsection (2) of Standing Order No, 12 it I obvious that no notice is necessary in case of a probationer before terminating his services. Subsection (3) of Standing Order No, 12, In my view, does not cover the case of categories of workmen mentioned in subsection (2) of Standing Order No,
12. I am fortified in this view by the judgment of the Sind High Court in the case of Messrs Rashid Textile Mills Ltd., Karachi v. Rafiq M. Wali and 2 other's wherein It was held : - "The mere perusal of provision of law makes it glaring that Standing Order 12(2) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 does not necessitate the service of notice before the termination of services of a probationer. Standing Order 12(2) creates an exception to the general rule laid down in Standing Order 12(3,) that every workman will be served with a notice in writing before his services are terminated. The removal from the service of the first respondent without a notice cannot therefore be challenged as illegal or without lawful authority."
7. In the instant case it has been established that the respondent was a probationer and that his services were terminated within the probationary period. In view of the above, no notice of termination was necessary.
8. I, accordingly, accept the appeal, set aside the decision of the Labour Court and dismiss the petition of the respondent filed under section 25-A. 1976 PLC 181