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industrial Relations Ordnance (XXIII of 1969)‑‑

‑‑ Ss. 25‑A & 37‑Permanent Godown Chowkidar‑Services ter minated on plea that Godown was closed‑Plea of closing down Godown found as incorrect‑Termination order, in circumstances, held, illegal and rightly set aside by Labour Court.

A. R. Sheikh for Appellant.

S. Moin‑ud‑Din for Respondent.

Date of hearing : 10th February, 1982,

The brief facts of the case given rise to this appeal are that the res pondent was appointed as Godown Chowkider on 6th January, 1976. His services were terminated on Ist June, 1977 on the plea that the godown had been closed. The respondent after serving a grievance notice, brought the grievance petition to the Labour Court, which was accepted. The said order has been challenged in this appeal.

2. The case of the respondent is that he was permanent employee and that the godown was never closed. About 4 months before the termination, the respondent had been charge‑sheeted for misconduct but no order was passed taking any action against the respondent or other wise. Mr. Murid Hussain Jaffari was examined by the appellant, who in cross‑examination stated that the godown was retained but he did not remember who was appointed in place of the respondent. The plea taken by the appellant to the effect that the godown had been closed down was, therefore, incorrect. Since the godown was retained and after the ter mination of the service of the respondent another person was appointed in his place, the order of termination of the respondent was illegal. It was, therefore, rightly set aside by the lower Court by accepting the grievance petition of the respondent. I do not find any force in the appeal and dismiss it.

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