Find a Lawyer

Appeal No. LHR‑352 of 1981/Pb., decided on 19th February, 1983.

West Pakistan

‑‑‑ S. O. 12 (3) ‑ Termination simpliciter ‑‑ Explicit ground Services no longer required" when post not indicated to have been abolished‑Not an explicit ground.

Sajjad Hussain for Appellant.

Hamid Ali Qureshi for Respondent.

Date of hearing : 12th February, 1983.

This appeal emanates from the decision dated 25th May, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the respondent was directed to be reinstated in service without passing any order as to back benefits.

2. The respondent was a Hammerman. His services were terminated on the ground that they were no longer required. Neither while passing termination order, nor in the written statement, nor in the evidence, it was stated that the post held by the respondent was abolished. Simply saying that his services were no longer required is not explicit ground of termina tion. The provisions of Standing Order 12(3) of the Standing Orders ,e Ordinance, 1968 were, therefore not complied with. Even the provisions of Standing Order 12(1) were not fulfilled because it is nowhere stated that one month's notice of termination, or one month's pay in lieu of notice was given to the respondent. The respondent was, therefore, rightly directed to be reinstated in service.

3. There is no force in the appeal, which is dismissed.

A.E. Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.