| Citation(s) |
|---|
| 2011 SLG 1561 2011 SLD 1561 2011 PLC 92 |
National Industrial Relations Commission
Case No.4A(82)/2000-K/24(83)/2000K/24(131)/2000-K, decisiondated: 21st September, 2010.
SYED ABDUL KHALIQ, MEMBER
Case No.4A(82)/2000-K/24(83)/2000K/24(131)/2000-K, decisiondated: 21st September, 2010.
SYED ABDUL KHALIQ, MEMBER
MOULA BUKHSH and 30 othersvsINTERNATIONAL BISCUITS LIMITED through Manager/OccupierMOULA BUKHSH and 30 othersvsINTERNATIONAL BISCUITS LIMITED through Manager/Occupier
Law:
Section:
Industrial Relations Act (IV of 2008)-------Ss. 25(8)(g) & 17---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.11-A---Unfair labour practice by the employers---Petition against---Stay application---Closure of establishment---Petitioners (employees) alleged that their services were terminated as they refused to tender resignation front employment and to accept the offer of "Golden Handshake"---Employer due to financial constraint filed application for permission to close down the establishment, which application was accepted by the Labour Court with the direction to pay all legal dues to the petitioners after settling their account---Petitioners at the time of payment of outstanding dues and other benefits to them did not raise objection with regard to payment of dues to them and their termination from and reinstatement in service---Counsel for the petitioners had contended that petitioners were entitled to be reinstated in service because order of their termination was declared as illegal, not only by the Labour Court, but also by the superior courts--Validity---Contention was not sustainable as though termination order was declared as illegal, but the reinstatement of the petitioners in service was impossible, because not only the whole establishment of the employers was closed down, but the whole establishment along with all assets were sold by the employers--Establishment was not in existence and employers had given cogent detailed reasons in its application filed under Standing Order 11-A of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for closing of establishment---Petitioners, had voluntarily received their final legal dues through Labour Court and in compliance with the order of High Court, without raising any objection with regard to their dues; legality/illegality of order of their termination---Petitioners had failed to make out any case, of unfair labour practice against the employers and were not entitled to any relief claimed in their petition. 1992 PLC 136; 1984 PLC 359; 2005 PLC…
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