1982 PLP 348 (PLC)

‑‑ S. 6‑‑Limitation‑‑Condonation of delay‑Petitioner filing petition under S. 25‑A of Industrial Relations Ordinance, 1969 before Labour Court‑Labour Court refusing to exercise jurisdiction because of establishment being covered by Act‑‑‑Petitioner, held, sought remedy before Labour Court in good faith with bona fade intention‑‑‑Delay in circumstances, condoned. (b) Pakistan Essential Services (Maintenance) Act (LIII of 1952)‑‑ ‑‑‑S.6‑Termination of service without assigning reason ‑Chowkidar employed as Badli‑Service terminated without assigning reason on plea that employment being purely temporary could be termi nated without any show‑cause notice‑Pakistan Essential Services (Maintenance) Act, 1952, held, does not contain any provision that services of Badli employee can be terminated without assigning any reason‑‑‑Termination of services, in circumstances, held, not just hence direction issued for re‑instatement with full back benefits. Muhammad Hanif Awan for Petitioner. M. Mohsan Khan for Respondent. Muhammad Akram has submitted this petition under section 6 of the Pakistan Essential Services (Maintenance) Act, 1952 against Sui Northern Gas Pipe Lines Limited for reinstatement in service with full back bene fits. The petitioner was appointed as Chowkidar in November, 1979. His services were terminated without assigning any reason on 15th April, 1980. He was not served any show‑cause notice or charge sheet. The petitioner had served a grievance notice on 10th August, 1980 but no reply was given by the respondents. The petitioner thereafter filed an application before the Punjab Labour Court No. 3 Ferozewala District Sheikhupura and the respondent took objection that the Labour Court had no jurisdiction as Essential Services (Maintenance) Act, 1952 was applicable to his organisation. After hearing the arguments the Labour Court came to the conclusion that it had no jurisdiction and the petition was withdrawn by the petitioner.

2. The respondent who was asked to submit his comments on this petition has stated that the petition was not maintainable as the petitioner had no guaranteed right under any law, settlement or award. It was also submitted that the petition was also not within time and no reason has been given for condonation and it was also not within time before the Labour Court. It has been submitted by the respondent that the peti tioner was engaged as Chowkidar on purely casual basis as Badli Chowki dar at Distribution and Stores Office Sheikhupura from 1st October, 1979 to 31st January, 1981. It was denied that his services were terminated on 15th April, 1950 but the fact remains that he was paid off on 31st January, 1980. The petitioner was a Badli Chowkidar and hence he was not required to be given any show‑cause notice or charge sheet.

3. Since the petitioner had been pursuing his case in good faith with bona fide intention before the Labour Court. I condone the delay in sub mission of this petition before the Commission. He was appointed as Chowkidar in the month of November, 1979 and his services have bee terminated without assigning any reason whatsoever. There is no pro vision in the Essential Services (Maintenance) Act that the services of Badli employees can be terminated without assigning any reason. I, therefore, feel that the termination of services of the petitioner was not just and, I therefore, direct that he may, be reinstated with full back benefits.