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Appeal No. LHR‑183 of 1983, decided on 4th July, 1983.
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑
‑‑ S. O. 12 (3)‑Termination of service‑Written order giving explicit reasons‑Essential‑Requirement applicable for every kind of worker‑Badli worker removed verbally on plea that there was no vacancy‑Re‑instatement with back benefits awarded by Labour Court, in circumstances. upheld by Appellate Tribunal‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38 (3).
Asghar Mahmood for Appellant.
Date of hearing : 2nd July, 1983.
In this appeal the decision dated 4th November, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged, whereby the respondent was directed to be taken back in service with back benefits.
2. The respondent was recruited as conductor on 1st November, 1981 but was removed from the said post on 20th December, 1981. He was checked on 15th December, 1981 and is alleged to have committed dis honesty of Rs. 3‑90. The contention of the appellant was that there was no vacancy. Without charge‑sheeting and holding enquiry he was removed from service He was said to be a badli. No order of removal in writing was recorded. So the provisions of Standing Order 12 (3) were violated. According to the said order, an order of termination should be in writing giving explicit reasons. No distinction is made in Standing Order 12 (3) about badli or any other kind of worker. This order applies to every kind of worker. So even if it be said that the respondent was a badli or that the post did not exist, passing of order of termination giving reasons was necessary. The respondent was in these circumstances rightly directed to be re‑instated in service with back benefits and the order of re‑instatement passed by the learned lower Court is not assailable, 1, accordingly, do not find any force in the appeal and dismiss the same in limine.
A. E. Appeal dismissed.
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