| Citation(s) |
|---|
| 2011 SLG 1318 2011 SLD 1318 2011 SCMR 11 |
Supreme Court of Pakistan
Civil Appeals Nos. 65 to 87 of 2008, decision dated: 10-06-2009. (On appeal from the judgment dated 15-11-2007 passed by the High Court of Balochistan, Quetta, in Labour Appeals Nos. 27 to 49 of 2006)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND, JAWWAD S. KHAWAJA, JJ
Kamran Murtaza, Advocate Supreme Court for Appellant.
Respondents ex parte
Civil Appeals Nos. 65 to 87 of 2008, decision dated: 10-06-2009. (On appeal from the judgment dated 15-11-2007 passed by the High Court of Balochistan, Quetta, in Labour Appeals Nos. 27 to 49 of 2006)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND, JAWWAD S. KHAWAJA, JJ
Kamran Murtaza, Advocate Supreme Court for Appellant.
Respondents ex parte
Messrs PAKISTAN SYNTHETICS LIMITED
VS
WAQAR AHMED and others
Law:
Section:
(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)----Ss. 12 & 13---Constitution of Pakistan, Art.185 (3)---Leave to appeal was granted by Supreme Court to consider; whether employees' termination was simpliciter termination provided for under S.12(1) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, or it was retrenchment or downsizing under the provisions of S.13(2) of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968; and whether High Court failed to appreciate that on account of strong international competition, employer company having suffered severe financial losses had to stop production of its main product thereby resorting to lay off in factory and action so taken was justified in the circumstances. (b) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Ss. 12 & 13---Powers of employer---Scope---Employer has un¬fettered right to order his affairs for proper running of his establishment as long as the same is in conformity with Ss.12 and 13 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (c) Mala fides--- ----Manner of exercising of power in violation of law is also termed as mala fide. Agha Shorish Kashmiri's case PLD 1969 SC 14 rel. (d) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Ss. 12 & 13---Retrenchment or lay off---Economy measures---Proof---Services of employees were terminated due to downsizing for economy measures---Action taken by employer was maintained by Labour Court but High Court declared such termination as mala fide and set aside the same---Validity---Mode provided by law was to be strictly followed under mandatory provisions of Ss.12(3) and 13 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Retrenchment was to be in good faith/bona fide and not to victimize employees or as a cloak to get rid of employees---High Court was justified to go into the question to see bona fides of retrenchment and had rightly given a finding of fact that termination in question was mala fide and in colourable…
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