Law:

Section:

(a) Industrial Relations Act (X of 2012)--- ----Ss. 54 & 60---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 11-A---Permission for closing down the industrial unit, petition for---Manager of the Industrial unit, had filed petition praying for closing down the unit, contending that production of industrial unit had been curtailed to the lowest minimum on account of shut down, and non-supply of Gas, which was the only source of manufacture; that it had become impossible to run the unit without incurring further losses due to uncertainty of the raw material; and that it was no longer viable for a prudent businessman to suffer further losses nor it was feasible to run the unit on heavy financial losses---Validity---Permission for closing down the industrial unit sough for, would result in laying off the workers employed in the unit, but the posts of the workers had not been abolished; nor services of the workers had been terminated---Request for granting permission for closing down the industrial unit on the ground of huge financial losses suffered by the company, without dilating upon the merits of the case, warranted consideration---Pleadings of the parties had indicated that there was no 'industrial dispute' between the establishment and the union in the company in respect of the proposed closing down of the said industrial unit; which could be a matter determinable by the National Industrial Relations Commission within the meaning of clause (a) of S.54 of Industrial Relations Act, 2012, but as the present petition had not been filed by the company/Establishment, itself, rather had been filed by its manufacturing plant, being the industrial unit of the company through its Factory Manager; for which no authority had been filed---Petition being not maintainable, in circumstances, was dismissed. ----Ss. 2(xx), 31, 32, 33, 54, 57, 60 & 91---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.11-A---Closing down of industrial unit---Unfair labour practice---Jurisdiction of Industrial Relations Commission---Scope---National Industrial Relations Commission, had the exclusive jurisdiction to deal,…

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