LAHORE: The National Industrial Relations Commission (NIRC) while accepting an appeal has ruled that employers cannot terminate services of workers in violation of the fundamental rights guaranteed in the Constitution.

An NIRC single bench comprising Sirajul Islam Khan further ruled that the prescribed and codified procedure has to be adopted at the time of retrenchment and termination of workers.

The bench set aside the termination of one Mumtaz Hussain of an industry and ordered his immediate reinstatement to service.

The employer company had terminated the service of the aggrieved in 2020 with the reason that the organisation had closed the plant due to Covid-19 pandemic.

The aggrieved petitioner assailed the order before the NIRC and took the plea that the termination order was based on mala fide just to deprive him of his legal rights secured under the Industrial & Commercial Employment (Standing Orders) Ordinance 1968.

He also rejected the claim of the employer that the plant was closed.

However, the respondent company contended that the petitioner and some others were retrenched in accordance with law and they were paid one month extra salary along with other legal emoluments.

Advocate Azhar Iqbal Khokhar on behalf of the petitioner submitted that no criteria was undertaken and such terminations were made on a pick and choose basis in violation of the fundamental rights guaranteed in the Constitution.

NIRC member Sirajul Islam Khan said the impugned termination letter could not sustain in law.

He further added that not only the termination order issued in violation of the ordinance but also in violation of the fundamental rights.

Published in Dawn, February 13th, 2025

Opinion

Editorial

More than words
Updated 04 Apr, 2025

More than words

Holistic development can only work when there is organic and credible political activity in the province.
Poor publicity
04 Apr, 2025

Poor publicity

FORTUNE does not seem to be favouring the PTI — at least not yet. With the party’s founder confined from public...
Party pooper
04 Apr, 2025

Party pooper

INDIA’s role of a spoilsport is tiresome. From pulling books from shelves, such as Wendy Doniger’s The Hindus: ...
Canal unrest
Updated 03 Apr, 2025

Canal unrest

With rising water scarcity in Indus system, it is crucial to move towards a consensus-driven policymaking process.
Iran-US tension
03 Apr, 2025

Iran-US tension

THE Trump administration’s threats aimed at Iran do not bode well for global peace, and unless Washington changes...
Flights to history
03 Apr, 2025

Flights to history

MOHENJODARO could have been the forgotten gold we desperately need. Instead, this 5,000-year-old well of antiquity ...