| Case ID |
464b125e-7d8e-4267-82c3-18dbbe730176 |
| Body |
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| Case Number |
SL-513 of 1988 |
| Decision Date |
Nov 17, 1988 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the termination of the appellant's service was set aside. The appellant was directed to be reinstated in his position as Adda Clerk without the entitlement of back benefits. The decision emphasized that the termination was not justified and violated the provisions of the Standing Orders Ordinance due to lack of explicit reasons for the termination. The court noted that the appellant's services had been regularized and, therefore, he could not be terminated while the post existed. |
| Summary |
The case revolves around the termination of Rafique Masih, who was appointed as Adda Clerk and later had his services terminated without just cause. The Labour Appellate Tribunal ruled in favor of the appellant, stating that the termination did not follow due process as per the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The decision highlights the importance of justifiable reasons for termination in employment law, reinforcing workers' rights in cases of unjust dismissal. Keywords: employment rights, termination of service, Labour Appellate Tribunal, standing orders, legal representation. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
H.R. Haider,
Muhammad Nawaz
|
| Petitioners |
Rafique Masih
|
| Respondents |
Chairman, Municipal Committee, Chichawatni
|
| Citations |
1989 SLD 1490,
1989 PLC 682
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968,
Industrial Relations Ordinance, 1969
|
| Sections |
S.0.12(3),
Ss.25-A,
38(3)
|