HYDERABAD, June 6: Mr Justice Muhammad Moosa K. Leghari of the Sindh High Court, Hyderabad circuit bench, has re-instated four employees of the Muslim Commercial Bank with all consequential back benefits within one month as the court upheld order of Labour Court-VI while dismissing appeals of MCB management against reinstatement of four workers.

The detailed judgement was issued on Monday. The four respondent workers included Mashooq Ali, Mehboob Ali, Abdul Ateeq and Ghulam Haider, who were represented by S.Soulat Hussain Rizvi advocate.

They were appointed between 1995 and 1996 as typists and stood terminated on April 14, 1996. According to respondents’ case, they said since they had successfully completed their probationary period of three months as prescribed under the law, therefore, they became permanent workmen of the respondent bank which is a commercial establishment amenable to provisions of West Pakistan Industrial and Commercial Employment (Standing Orders), 1968.

The counsel of appellant MCB, Shahid Anwar Bajwa contended that mere completion of probationary period was not enough to bring a workman within the ambit of ‘permanent workman’ unless it is proved that workman has satisfactorily completed period of probation.

It was contended that since respondents had not satisfactorily completed period of probation, therefore, their services were liable to be terminated at any time.

However, the respondents’ counsel argued that they stood already confirmed in service and order of termination were issued in colourable exercise of powers which were unsustainable. Their probationary period expired on March 30,1996 and nothing was placed on record that probationary period of workers was extended.

The judge, however, relied on definition of probationer as contained in clause (c) of Standing Order-I and refused to accept contention of the appellant’s counsel saying it would render the said definition ineffective.

The court said that bare perusal of above definition would show that a workman can be provisionally employed to fill a permanent vacancy on probation for a period of three months which is stipulated in law to enable employer to assess capabilities, qualities and efficiency of work and conduct of a workman.

If during the probation, work and conduct of a workman is not found fit or up to the mark, his services can be terminated without notice.

But when workman completed his period of probation it would be deemed that employer was satisfied with his work and conduct.

“Thus after completion of probationary period services of workman cannot be terminated on the ground that his work or conduct was not satisfactory. Such termination could neither be termed legal nor valid and justified. It needs no emphasis that Labour Laws have been promulgated to safeguard interests of working class in order to provide them protection from arbitrary and unjustified actions of employers.”, the judgement said.

“There are reasons to believe that orders of termination which are subject matter of these appeals were actions constituting malice in law. I have arrived at conclusion that Labour Court has rightly held that termination of workers was in violation of law and its order is just, fair and proper.

The appeals are without merit and liable to be dismissed”, the judgment said.

SUMMER VACATION: The registrar of the University of Sindh has notified schedule of summer vacation in all teaching institutes and departments of the university.