DILBAR MASIH vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE S

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DILBAR MASIH VS CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE S.Os. 12(2) & 12(3)---Constitution of Pakistan, Art. 9---Employer dismissing employee---Verbal order---Scope and effect---Perusal of the impugned judgment, showed that while the Appellate Tribunal applied S. 12(2) of Employment (Standing Orders) Ordinance, 1968 ('the Ordinance') in this case, the court failed to consider the implications of S. 12(3), which mandates that no workman shall be terminated, removed, retrenched, discharged, or dismissed except by a written order explicitly stating the reasons for such action---This omission rendered the findings of the Appellate Tribunal legally flawed and without justification---Termination of service through a verbal order is not only inconsistent with the labour and service laws it also violates the principles of good governance---There is no provision under the labour laws or services verbally without a written order---The termination of service by a verbal order is alien to the labour and service laws of Pakistan and also against the principle of good governance---Termination of service without notice or written order is patently unlawful, as it violates S.12(3) of the Ordinance, which mandates a written order with stated reasons for termination---Termination through verbal orders or silent exclusion is not only procedurally defective but also infringes upon the right to livelihood, a fundamental aspect of Art.9 of the Constitution, which guarantees the security of person---The right to livelihood is an inseparable part of the right to life, and any arbitrary deprivation of this right is unconstitutional---High Court set-aside the impugned judgment passed by the Labour Appellate Tribunal declaring the verbal termination of the petitioners to be illegal and unlawful, directing the respondents to reinstate the petitioners into service as "permanent workmen"---Constitutional petitions were allowed accordingly.

DILBAR MASIH vs CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE S — 2026 PLC 65 LAHORE-HIGH-COURT-LAHORE

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