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Appeal No. LHR‑419 of 1984, decided on 18th November, 1984.
‑‑ S. O. 1 (3) & 12 (3)‑Badli‑Badli workman (Conductor in Government Transport Service) continuously serving for 3 months- Becomes permanent Badli‑Termination order of such worker stating "No longer required"‑Held, not sustainable.
Amir‑ud‑Din Ansari for Appellant.
Date of hearing : 10th November, 1984.
The decision dated 13th June, 1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore has been challenged in this appeal.
2. The services of the respondent were terminated as no longer re quired with effect from 28th May, 1983 vide order dated 26th May, 1983 Exh. R‑1. He had been appointed as conductor on 5th December, 1982. It was pleaded on behalf of the appellant that the respondent had been appointed as Badli so had no right.
3. It has been argued by the learned counsel for the appellant that a concept of Badli in the P.R.T.B. is that such an employee is given wages for the days he does duty and that since the respondent had not been regularly and permanently given duty, so he did not become permanent. Learned counsel has failed to point out any evidence to the effect that the respon dent did not work continuously. This is not the case of the appellant that Standing Orders Ordinance, 1968 does not apply to it. Badli is defined in Standing Order 1, according to which, such an employee becomes permanent Badli on continuously serving for three months. Since the respondent was taken in service on 5th December, 1982 and was terminated on 28th May, 1983 and as there is no evidence that he worked occasionally and not con tinuously, he became permanent Badli, so could not be terminated.
4. It has been rightly remarked by the learned lower Court that the order is hit by Standing Order 12(3). No longer required' is no ground for termination. '.this is not the case of the appellant that any post was abolished.
5. As a result, the appeal fails and is dismissed in limine.
A. E.
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