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Petition under section 25-A, I. R. O., 1969, decided on 7th February 1977:

‑‑ S. 25‑A‑Re‑instatement‑Petitioner appointed as Senior Clerk in NAFDEC and posted at Rawalpindi but later transferred to Peshawar Branch‑Services of petitioner terminated as a result of closure of Peshawar Branch‑Such termination found to be wrong --Petitioner directed to be re-instated with full back wages.

This is a petition under section 25‑A of I. R. O., against the order dated 14th February 1976 through which the services of the petitioner were terminated.

The case of the petitioner was that the respondent corporation had opened a Branch Office at Peshawar which was functioning since 1st March 1975, that the petitioner was employed as, Senior Clerk by the respondent on, 15th May 1975; that he served as such in the Head Office till 17^thJuly, 1975 and then he was transferred to Peshawar, that on 14th February 1976, the petitioner received a letter from the respondent that his services had been terminated for the reason that the respondent was closing the establishment at Peshawar, that the closure mentioned above was illegal and further that the petitioner was a senior person and hence his services could not be retrenched as so many persons were junior to him.

It was, therefore, prayed that the petitioner be re‑instated with back wages as his services were terminated illegally.

The case was contested. As preliminary objection it was contended that the petitioner was not competent as no secured or guaranteed rights of the petitioner by any law, award or settlement had been violated. It was also contended that the petition was not filed before a proper forum.

On merits it was contended that as the Peshawar Study Circle had been closed therefore the services of the petitioner were terminated because their services were no longer required.

The parties were afforded an opportunity to produce such evidence as they wished.

Arguments heard, file perused.

Exh. P. W. 1/1 is the letter of appointment. This letter clearly shows that the petitioner was appointed as Senior Clerk in the National Film Develop ment Corporation Limited, he was to be governed by the Rules and Regula tions of the Corporation and be was liable to be posted anywhere in the whole of Pakistan and thus the contention of R. W. 1., that the petitioner was an employee of the Peshawar Study Circle is wholly incorrect. Hence the fact that the Peshawar Study Circle was closed, whether rightly or wrongly would not justify the corporation to do away with the services of the petitioner.

It has been seen that the petitioner was an employee of NAFDE Corporation and was not the employee of its subordinates Film Study Circle at Peshawar therefore the services of the petitioner could not be terminate on the grounds given in Exh. P. W. 1/4 (The letter through which the services of the petitioner have been dispensed with). The respondent is a limited com pany. There is no doubt that the petitioner is a workman and that his services have been wrongly terminated at Peshawar which fact gives jurisdiction to this court. The petition is thus accepted and the petitioner is reinstated with full back wages.