1976 PLP 637 (PLC)

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -- S. O. 12(3) - Termination of service - Protection available to temporary workman or probationer. Services of a probationer had been terminated on plea of unsatisfactory work. Termination order had been challenged on the contention that services could not be terminated except by an order in writing explicitly stating reasons therefor. Held: Standing Order 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, is a mandatory provision, which requires that "the services of a workman shall not be terminated, nor shall a workman be removed, retrenched, discharged or dismissed from service, except, by an order in writing which shall explicitly state the reason for the action taken. The Management is required, even in the case of a temporary workman or probationer while terminating his services, to do so by an order in writing stating the reason for such an action. Appellant in person. Sabir Ali for Respondent. This is an appeal against an award of the learned Presiding Officer of Labour Court No. VI, Hyderabad, dated December 23, 1972, whereby the learned Court dismissed the application of the appellant. The appellant had moved an application under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), and claimed his re-instatement and settlement of overtime dues. He did not pray for back benefits on re-instatement. The main point, which the appellant took before the learned Labour Court, was that his services could not be terminated except by an order in writing, which was to explicitly state the reason for the action taken. Admittedly, no such order had been issued to the appellant for terminating his services.

2. The learned Labour Court came to the conclusion that as the appellant was a probationer, no such order was necessary. The appellant was no doubt appointed on 18th March 1972 and his services were terminated on 5th May 1972. The plea of the Management for termination being that his work was found to be unsatisfactory. Be that as it may, Standing Order 12(3) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (hereinafter called the Standing Orders Ordinance), is a mandatory provision, which requires that "the services of a workman shall A not be terminated, nor shall a workman be removed, retrenched, discharge or dismissed from service, except, by an order in writing which shall explicitly state the reason for the action taken". There is a clear distinction between a month's notice that the Management is required to give before termina ting the services of a permanent workman or pay in lieu thereof and an order in writing stating the reason for terminating the services of its workman. The Management is required, even in the case of temporary workman probationer while terminating his services, to do so by an order in writing stating the reason for such an action. I, would, for the reasons given above, set aside the award of learned Labour Court and order that the appellant be re-instated. The respondent to pay Rs. 100 as costs to the appellant within a week.