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Appeal No. KAR‑142 of 1980, heard on 10th March, 1980.
Industrial Relations Ordinance (XXIII of 1969)
‑‑ S. 25‑A read with Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 6 ‑ Oil and Gas Development Corporation Covered by provisions of Pakistan Essential Services (Maintenance) Act, 1952‑Employee, held, could not seek remedy before Labour Court against alleged wrongful termination of service.
M/s. Pakistan Burmah‑Shell Limited v. Fourth Sind Labour Court P L D 1979 Kar. 109 rel.
Mughees Ahmed Samdani for Appellant.
Date of hearing : 10th March, 1980.
The services of the appellant, who was working as an Assistant Engineer in the Oil & Gas Development Corporation, the respondent herein, were terminated by order, dated 14th November, 1977, on the ground of his total negligence in the discharge of his duties. The appellant challenged these orders before the learned Fifth Labour Court which has dismissed his grievance petition on the ground that the Pakistan Essential Services (Maintenance) Act, 1952, is applicable to the employment of the appellant and hence his grievance petition was not maintainable. In support of his decision the learned Labour Court relied upon the decision of this Tribunal in the case of Pakistan Steel Mills Corporation v. Fatehullah Fahim, decided on 25th August, 1979. and the decision of the Karachi High Court in the case of M/s. Pakistan Burmah‑Shell Limited v. Fourth Sind Labour Court (P L D 1979 Kar. 109). By Gazette Notification, dated 20th August, 1977, which was produced before the learned Labour Court, the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, were extended for a further period of six months, commencing on 26th August, 1977 to all employment in‑ or in connection with oil refineries and organizations dealing with production, purification, transmission, distribution or marketing of oil or natural gas. Furthermore, since the appellant's services were terminate on 15th November, 1977, the aforesaid Notification was clearly applicable to him. As such, he was not entitled to approach the Labour Courts to challenge his dismissal from service. I, accordingly, find no merits in this appeal and dismiss the same.
Appeal dismissed.
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