Full Judgment Text & Judicial Ruling

1979 P L C 529

1979 P L C 529

[National Industrial Relations Commission]

Present : S. Rais Ahmad Jafri, Member

MUHAMMAD ASIF SIDDIQUI

versus

PAK ARAB REFINERY LTD., KARACHI

Case No. 18 (41) of 1978, decided on 31st March, 1979.

(a) Pakistan Essential Services (Maintenance) Act (VIII of 1952)‑

‑‑ S. 5(1), Explanation‑Termination of service‑Excuse for‑Must be reasonable‑Merely stating that services no longer required‑Not enough compliance of S. 5(1) ‑Such termination, held, liable to be set aside.

(b) Pakistan Essential Services (Maintenance) Act (VIII of 1952)‑

‑‑ S. 6‑Specified Authority‑Jurisdiction‑Can deal with cases of individuals or class of persons belonging to establishment covered by the Act in respect of their wages and terms and con ditions of service‑Unjustified and illegal termination of service- Can be challenged before specified Authority to seek re‑instatement.

Burmah‑Shell Employees' Union v. Burmah‑Shell Ltd. 1978 L S L R 69 rel.

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