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ADDRESS: TELEPHONE:
Opposite FIA Office Mondar 03153929316
Road Dadu. 03337068248
Ref. No. ____________ Date 22-08-2016
________________________________
L E G A L N O
T I C E U/S 80 C.P.C
For my Client Aijaz Ali s/o Mohammad Ayaz by caste Panhwar
R/O Police Head Quarter Taluka & District Dadu.
To,
1: Akhtar
Hussain Chandio (Regional Manager TRDP Dadu Branch)
2: Hosh
Mohammad Chandio (District Manager TRDP Dadu)
3: Wahid Bux
Odhano (District Manager TRDP Mehar)
4: Irfan
Hingoro (Town officer Phulji station
TRDP)
Dear Sir,
Under the instruction of my client Aijaz Ali s/o Mohammad Ayaz
R/O Police Head Quarter, Taluka & District Dadu, I address you as Under:-
1.
That my above named client is a
law abiding and peace loving citizen of Islamic Republic of Pakistan and a well
reputed respectable citizen, that he had joined your organization (TRDP) in
27-12-2013 as a field worker, during his tenure of service he remained loyal
with his duty, neither there is any
single complain against him nor any complain of carelessness or professional
misconduct, during his service he performed his duties whatever hard tasks were
assigned upon him, he was transferred to different difficult places, but even
he performed his duties without hewing any cry.
2.
That the progress of my client in all his
service tenure is good enough, he fulfilled the given targets by the
Management, and faithful with organization.
That my client
is hard worker young energetic to work without any pressure. If there was any
complain against him, it is well settled law that “ A notice of one month
must be served before severing the
employment relationship or payment of one month’s wages in lieu of notice may be
provided (Section 12.1 Industrial and commercial employment Ordinance 1968
amended in 2002). The law also obliges the employer to provide the termination
certificate in writing stating the reason behind it. Termination of an
employment contract may be either termination simpliciter, which is termination
on grounds other than misconduct after a notice (section 12) or termination on
account of misconduct (section 15). Notice of termination, for termination
simpliciter, is mandatory for employees.
3.
That On
17-08-2016 came on duty as usual when Wahid Bux Odhano (DM TRDP) called
upon my client in his office, issued threats and used filthy language, and
without any written order he gave verbal order of termination to my client. which is against the terms and conditions of
Organization and against the law of
labour and natural justice, as my client is senior field worker, As per policy
of labour laws or organization, you had to give explanation letter/ show cause
to employee but you have done contrary to laws and against natural justice.
4.
That your such act caused mental torture
and financial loss to my client and my client has received shock as he has
given 3 years to your organization and
worked hard honestly, but your above act has caused severe mental torture to my
client. As per policy of your organization every employee is regular employee
if he falls in 01 July 2016, and if terminated you have to upon him written
warning and three months salary has to be paid him by your organization. That
my client being honest and competent did
not leave your organization, though he received so many chances from other
organizations, even he being a loyal person
worked for last 3 years. As per
labour laws working Hours are from 09:00 am to 05:00 pm and Sunday is official
holidays, If employer wants you to work
overtime, He must be given a rest interval of 1 hour (after 8 normal working
hours+1 hour for lunch and prayer). One can’t be compelled to work more than 2
hours overtime a day. The total yearly
overtime work hours should also not exceed 624 hours. If any employee is a woman, she can work only up to 10:00 pm and
this is only in the condition if the employer arranges transport for pick up
and drop facility. (The Industrial and Commercial Employment (Standing
Order) Ordinance, 1968).
But regret to say that you
are violating the laws of labour and even natural justice, you have taken work
from my client almost to midnight and did not give any rest on Holidays, which is contrary to labour laws.
5.
That if you did not restore my client on same
Designation and on same remuneration to my client, my client will go in grief and sorrows and it
will also make my client jobless in these hard days, which is not ignorable,
and will cause heavy financial loss to my client as well as mental torture to my client with malafide intention and contrary
to the law.
You are Therefore being advised to restore my client on same
designation and and take stern action against diligent and in efficient officer
Wahid Bux Odhano. you are hereby called upon and advised in your own interest to continue the service contract with my client on same
terms and conditions otherwise there is
clear directions from my client to sue against you under Labour Court/ civil/
criminal proceedings before the competent courts/forums of law, purely at your own risk & cost.
Please note and acknowledge.
A copy
of this notice is being preserved by us for further legal actions, in case of
non compliance, and violation of contract agreement with my client by your
side.
Thanking
you.
Yours sincerely
(MUJJAN ALI PANHWAR)
Advocate
Dadu
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