ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-1858 of 2012

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Order with signature of Judge

 

  1. For orders on office objection No.2
  2. For orders on CMA No.10754/12 (Ex.A)
  3. For Katcha Peshi

 

03.12.2013

 

Raja Mir Muhammad advocate for petitioner

Ch.Azhar Elahi advocate for respondent No.1

Mr.Asif Mangi, Standing Counsel

………

Case of petitioner is that he was appointed Massanger in the respondent No.1 establishment on 04.06.1996. Copy of Appointment Letter dated 04.04.1996 is available on record. Petitioner was appointed on daily wages as Messenger. It is further contended that service of petitioner was terminated on 08.03.1997 without any show cause notice, charge, inquiry etc. Copy of Termination Letter is available at Page No.17 (Annexure-B). Now petitioner wants his reinstatement under Sacked Employees (Reinstatement) Act, 2010. Learned counsel for petitioner argued that many applications have been sent to respondent No.1 for consideration of his case but neither his application has been considered nor any positive response has been given. No comments have been filed by respondents, however, their learned counsel submits that petitioner was working on daily wages hence plea that no show cause notice was given before termination, is misconceived. Since petitioner claims reinstatement under Sacked Employees (Reinstatement) Act, 2010, therefore, we are inclined to dispose of this petition with the directions to respondent No.1 to consider the case of petitioner in view of the Act referred to above and if he is found eligible and his case is protected under the said Act, he will be considered for appointment. Petition disposed of alongiwth listed application.

         

                                                                                      J U D G E

                                                                   J U D G E

Ashraf