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Appeal No. LHR‑834 of 1980, decided on 23rd June, 1982.
‑‑ S. 25‑A‑Reinstatement‑Workman appointed into service prior in date to other two, whose service allowed to be continued on abolition of post of respondent‑Held, junior most workman should have been terminated‑Order of reinstatement of workman senior in position ordered with back benefits.
Syed Noor Ahmad for Appellant.
Yousaf Hussain Dilawari for Respondent.
Date of hearing : 16th June, 1982.
This appeal arises from the decision, dated 11th November, 1980 passed by the learned Presiding Officer; Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the respondent was accepted and he was directed to be reinstated in service with back benefits.
2. The respondent was recruited as Junior Clerk in Ichhra Depot of P. U. T. C. vide appointment letter Exh. D. 1 on 3rd June, 1980. His services were terminated on 19th August, 1980. within probationary period. In the order of termination no explicit reason was given or the termina tion Although in the termination order no reason was given for the termination, yet admittedly the post was abolished. Vide appointment letter Exh. P. 2 Muhammad Ramzan was recruited in Ichhra Depot ob 5th July, 1980. Vide appointment letter EA. P. 3 one Saifullah was recruited in the same depot on 8th July, 1980. Since the two person were recruited after the respondent, they were junior to him and, therefore, if his post had been abolished, Saifullah who was the' junior most should have been terminated and not the respondent. 1n these circumstances, the learned trial Judge was justified in directing the' reinstatement of the respondent in service with back benefits. There is no‑‑force in the appeal, which is dismissed.
M. Y. M
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