Law:

Section:

Keywords: Satisfaction, Commercial Employment, Division, Place, Abandonment, Labour Court, Proceedings, Grounds, Costs, Binding, Orders, Appellate Tribunal, Petition, Absence From Duty, Exception, Establishment, Plea, Compliance, Mandatory Provisions, Gratuity, Grievance, Question Of Fact, Bidding, Order, Procedure, Period, Maintainability, Communication, Payment, Constitutional Petition, Leave, Provisions, Impugned Order, Notice, Charge-Sheet Result: Petition dismissed JUDGMENT This constitutional petition calls in question the composite decision dated November 28, 1973, of the First Sind Labour Court, by which the respondents 2 to 9 were ordered to be re-instated in their employment, but without any back benefits, pending any action to be taken against them by the present petitioners. 2. The respondents 2 to 9 were employed by the petitioners in various categories. It is alleged that, on the outbreak of war between India and Pakistan, and the bombing of Karachi in December 1971, the said respondents took fright, and, leaving their quarters, took to places of safety elsewhere, leaving the petitioners in the dark as to their whereabouts. They did not even choose to take any advantage of the directive issued by the Governor of Sind dated 6-1-1972, according to which the employees, who reported to their duties at the place of their employment by 19-1-11972, were to be taken back. It is alleged that the respondents 3 to 9 had approached the petitioners for re-instatement between 8th to 10th February 1972, but their request could not be entertained in view of their conduct. Thereupon, on 13-3-1972, they filed separate applications under section 34 of the Industrial Relations Ordinance for their re-instatement, with the prayer that they be also awarded full back benefits. Their applications came to be resisted on the ground of non-maintainability inasmuch as the provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance. 1968 bad not been followed by the said respondents, and also on the plea that they had no right for re-instatement, as they had chosen to abandon their work, and remained absent from their duty for over to…

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