Law:

Section:

(a) Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4)(c) & S.O.11-A---Industrial Relations Ordinance (XXIII of 1969), S.37(3)---Closure of commercial establishment---Permission of Labour Court---Mandatory requirements---Applicability---Scope---"Industrial establishment" having less than forty nine persons/ employees was excluded from the applicability of specific section, sub-section, clause or standing order but Standing Order 11-A of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was not mentioned therein under S.1(4)(c) of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Exclusion clause restricted only to the "industrial establishment", but before the closure of "commercial establishment" permission from Labour Court was mandatory. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 32(1-A) & 37(3)---Award---Closure of establishment during pendency of appeal---Effect---Several demands were raised by the Union---Labour Court, after examining the same and hearing the parties allowed certain demands---Management aggrieved by the award filed appeal before Appellate Tribunal---Contention of the Management was that during the pendency of appeal, Management had closed its business and as such after closure agreement was not required to be executed---Validity---Award given by Labour Court pertained to the period prior to the closure of establishment, therefore Management was bound to pay/allow the benefits of Award till the closure of Establishment---Award given by Labour Court was maintained by Appellate Tribunal. DECISION ALI MUHAMMAD BALOCH (MEMBER).--- This appeal bearing # Labour Appeal # 4 of 2003 was received from the Hon'ble High Court of Sindh, Karachi and got registered with new No.KAR-533 of 2010 and thereafter notices were issued to the parties. This appeal has been preferred by the above named appellant establishment Messrs United Liner Agencies of Pakistan (Pvt.) Ltd. through its Company Secretary, whereby they have impugned the Award dated 23-8-2001 given by the learned Presiding Officer, Sindh Labour Court # V Karachi, in application…

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