Case Details

Citation(s)
1974 SLG 314 1974 SLD 314 1974 PLC 252
Appellate Tribunal Inland Revenue
Appeals Nos. KAR-81 to 83 of 1974, decision dated: 8th June 1974, hearing DATE : 5th June 1974
INAMULLAH KHAN, APPELLATE TRIBUNAL

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MESSRS BAWANY INDUSTRIES LTD., KARACHI

VS

ABDULLAH and 2 others

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 14

[Industrial Relations Ordinance (XXIII of 1969)]........S 25-A read with West Pakistan Industrial and' Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O.14­ Retrenchment and re-employment-Retrenched workers not making grievance petition against retrerichment but submitting grievance petition immediately after re-employment of some other persons in violation of S. O. 14, West Pakistan Industrial and Commercial Employment (standing Orders) Ordinance, 1968-CAptention that application under S. 25-A, Industrial Relations Ordinance, 1969 was not maintainable because of non-compliance of grievance procedure, in circumstances, rejected and provisions of S. 25-A, held, complied with by making grievance petition against re-employment made by Management. Saleem sons case P L D 1973 Kar. 1 and Nasim Silk Industries' case P L D 1974 Kar. 80 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) ---------S. O. 14-Re-employment of retrenched workers-Contention that persons re-employed belonged to sister concern-Such Establishment/ Firm however, registered separately under Factories Act, 1934 and with Excise Department-No evidence to establish rule or practice regarding inter-transfer of workers of two firms-Such persons, in circumstances held not retrenched workers and their alleged re-employment, held, in violation of S. O. 14. ORDER These are three appeals two arise out of common Order of the learned labour Court No. v. Karachi, On the Ist of February 1974. I propose V dispose of these 3 ...appeals by common Order as the main point involved; is common to all the three appeals. The learned Labour Court came to the conclusion that the provisions of Standing order 12 was not observed inasmuch as the appellant-Company did not give specific reasons in writing for terminating the services of the respondents. The law applicable at the time when the-services of the respondent were terminated admittedly did not. :: require the reasons to be stated in writing. I would, therefore, modify the observation of the learned Court in that respect. 2. The case of the respondents was that as they have been retrenched -f the…
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