Case Details

Citation(s)
2012 SLG 1230 2012 SLD 1230 2012 PLC 152
Labour Appellate Tribunal, Punjab
Revision Petitions Nos.BR-146 to 150 of 2011, decision dated: 19-05-2011.
ABDUL HAFEEZ CHEEMA, CHAIRMAN

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ADAM SUGAR MILLS LTD., CHISHTIAN DISTRICT BAHAWALNAGAR through Project Director and General Manager and others

VS

MUHAMMAD IQBAL and others ADAM SUGAR MILLS LTD., CHISHTIAN DISTRICT BAHAWALNAGAR through Project Director and General Manager and others

Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)-------Ss. 33 & 47(5)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 1(1)(b)---Regularization of service as permanent workmen---Grievance petitions along with applications for grant of stay order, was filed by the employees for regularization of their services, claiming as permanent workmen---Employees has also claimed that as they were not being paid their salaries, direction be issued to the establishment to continue to pay their wages during pendency of their grievance petitions---Application of the employees to the extent of releasing the monthly salary was accepted and the establishment was directed to pay the monthly salary to the employees till next date of hearing---Employees had claimed regularization on account of length of their services and matter was pending before the Labour Court---Labour Court's order that during the pendency of grievance petitions of the employees they would be paid salaries, appeared to be in consonance with the dictates of law and there appeared to be no defect, flaw or infirmity in that order---Establishment was unhappy with trade union activities of the employees and did not allow them to enter into the Mills, because they allegedly were promoting the Trade Unionism and creating unnecessary problems for the Management---Such issue could be resolved only after recording of evidence of the parties, being a factual controversy, till then Establishment should comply with the order, and defiance on their part could not be appreciated in any way---Management had decided to issue notice for misconduct to the employees---If the Management could make out a case of misconduct, it could proceed with the same and if it was a counterblast to their trade union activities that would have no legal sanction behind it---Management should comply with the order of the Labour Court, which was lawful and valid. Omar Alvi for Petitioners. Ch. Saeed-ur-Rehman Cheema for Respondents. Date of hearing: 19th May, 2011. X Punjab Industrial Relations Act (XIX of 2010)-------Ss. 33 & 47(5)---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of…
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