Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -- S. 1(4)(a)-Applicability of Ordinance-Contention that number of employees being less industry not within ambit of Ordinance-Question one of mixed law and fact-Objection not taken in reply statement but raised at later stage in appeal-Not allowed to be raised-Appeal­ Industrial Relations Ordinance (XXIII of 1969), S. 37. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 34 - Powers and jurisdiction of Labour Court-Court to act judicially and not pass order on mere surmise or conjecture as bene­volent despot-Labour Union's prayer not containing anything for re-instatement of particular workman-Labour Court, in circumstances, held, had no jurisdiction to order reinstatement of such worker. (e) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -- S. O. 11(1)-Closing of section of establishment by employer­Words "or other causes beyond his control" used in S. O. 11(1)­Not to be given limited interpretation-Employer entitled to stop work for causes beyond his control which include financial difficulties and also un-economic production -View that closing possible only in event of fire, break down of machinery, shortage of supply, held, not correct-Employer's action in termination of service of workmen in particular section closed due to uneconomic production, held, not objectionable. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. Os. 11 & 12-Termination of service-Notice must disclose intention of employer to comply with provisions of S. O. 12-Notice not calling workmen to come and collect their dues-Record silent as to whether workmen paid their dues or any attempt made to pay same-Re-instatement awarded. DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. V, Karachi, dated the 6th of March 1973, whereby the learned Labour Court ordered the re-instatement of all the employees with all back benefits to be paid within 15 days The facts giving rise to the present appeal briefly put are these. 2. The Box and…

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