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Appeal No. LHR‑95 of 1986, decided on 3rd June, 1986.
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑
‑‑‑S.O. 12(3)‑‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 38(3)‑‑Termination of service‑‑Badli Conductor's services terminated without mentioning any reason‑‑No suggestion that permanent conductor in whose temporary vacancy Badli stood appointed came back on duty‑‑ Termination order, in circumstances, held, rightly set aside by Labour Court being violation of S.O. 12(3).
Muhammad Iqbal Khokhar for Appellant.
Ch. Khalid Farooq for Respondent.
Date of hearing: 31st May, 1986.
This is an appeal preferred against the decision, dated 25‑1‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 1. Lahore, whereby the respondent has been directed to be re‑instated in service without passing any order with regard to back benefits.
2. It has been argued by the learned counsel for the appellant that the direction of re‑instatement is unjustified, inasmuch as the respondent had not completed 183 days service within one year. The argument has no force. The grounds of re‑instatement in service are not that the respondent had become permanent ‑Badli conductor. The ground is that no reason for termination of service was recorded. The order is only to the extent that the respondent Badli conductor is struck of the strength. No reason has been given why he was removed from the list. Thus, the order being violative of Standing Order 12(3) of Standing Orders Ordinance, 1968 was rightly set aside by the learned lower Court. Since the respondent had been employed as a Badli A conductor, he could be removed from service if the permanent conductor in whose temporary vacancy he had been appointed, had come back on duty. But this is not the case of the appellant.
3. As a result, the appeal has no force and is thus dismissed.
A. E.
Appeal dismissed.
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