| Citation(s) |
|---|
| 2013 SLG 1917 2013 SLD 1917 2013 PLC 219 |
Supreme Court of Pakistan
Civil Petitions Nos. 1167 and 1168 of 2012, decision dated: 7-09-2012. (On appeal from the judgment dated 3-5-2012 in W.P. No.170 of 2011 passed by the Lahore High Court, Rawalpindi Bench).
NASIR-UL-MULK AND IJAZ AHMED CHAUDHRY, JJ
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Civil Petitions Nos. 1167 and 1168 of 2012, decision dated: 7-09-2012. (On appeal from the judgment dated 3-5-2012 in W.P. No.170 of 2011 passed by the Lahore High Court, Rawalpindi Bench).
NASIR-UL-MULK AND IJAZ AHMED CHAUDHRY, JJ
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INDEPENDENT NEWSPAPER CORPORATION (PRIVATE) LTD.
VS
PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others INDEPENDENT NEWSPAPER CORPORATION (PRIVATE) LTD. vs PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-------Ss. 22-A(8)(g) & 25-A---Civil Procedure Code (V of 1908), O.XXIII, R.1---Grievance petition---Maintainability---Termination from service due to modernization of technology in the establishment---Employees accepting their termination, receiving their emoluments in full and final settlement and withdrawing their reinstatement cases from the National Industrial Relation Commission (NIRC)---Effect---Employees, in circumstances, were estopped from claiming their reinstatement or monetary gains from the employer---Employer Corporation (petitioner) terminated services of employees (respondents) after they became surplus due to modernization of technology---Employees filed petitions for their reinstatement before the National Industrial Relation Commission (NIRC) but withdrew them after a settlement was arrived at between the parties---Subsequently employees filed grievance petitions under S.25-A of the Industrial Relations Ordinance, 1969 which were allowed by the Labour Court and they were reinstated with back benefits---Appeals filed by employer Corporation before Labour Appellate Tribunal were dismissed and writ petitions filed thereagainst were also dismissed by the High Court---Contentions of employer Corporation were that employees accepted their dues on termination, knowing fully that posts they occupied had been abolished due to modernization of technology; that having accepted the dues employees were estopped from filing grievance petitions as they had severed their relationship with the employer Corporation; that employees voluntarily made an application to the management of the employer Corporation stating therein that they had accepted their termination and would withdraw their reinstatement cases filed before NIRC, and that nothing on record suggested that employer/Corporation had employed any other person in place of the employees---Validity---During pendency of cases before NIRC, a settlement was made between the parties whereby employees admitted that the section of establishment they worked in was closed and accepted their termination and agreed to withdraw their cases from the NIRC--- Employees…
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