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Initializing Secure Chambers
Petitioner: DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION, KARACHI VS Respondent: GHAZI KHAN And 5 Others
Court Name: Labour Appellate Tribunal Judge(s): Agha Ali Hyder Title:DISTRICT MANAGER, KARACHI TRANSPORT CORPORATION, KARACHI vs GHAZI
KHAN And 5 Others Case No.: Appeals Nos. 165 to 170 of 1993 Date of Judgment:1994-02-23 Reported As: 1994 PLC 466 Result: Appeals dismissed Judgment DECISION These five appeals call in question the order of the Labour Court whereby the petitioners were reinstated in their service with full back benefits. As identical questions of law are involved therein I will dispose of them by this composite decision. The petitioners were employees of the Karachi Road Transport Corporation, working in the capacity of driver or conductor. Their case before the Labour Court was that they had been working for more than 3 months and had been unceremoniously removed from service without a word in writing. 2. The question that the grievance notices had not been served need not tarry us, because the respondents had produced the Postal Receipts and under section 26 of the General Clauses Act the presumption would be that the appellants were duty served, 3. Admittedly there are no letters of appointment to any of these respondents and no attempt has been made to show the nature and the duration of their employment. Again there are no letters while removing them from service. Under the circumstances the termination of their services is unwarranted and insupportable. (See Hamid Ahmad Khan v. Presiding Officer, Labour Court 1992 PLC 665). 4. They had all mentioned that from the time of their removal they had been without any job and therefore even the order regarding the back benefits is not open to any exception. 5. Under the circumstances the appeals are devoid of any merit and stand dismissed.