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