| Citation(s) |
|---|
| 1976 SLG 901 1976 SLD 901 1976 PLC 721 |
Sindh High Court
ZAKAULLAH LODHI, J
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ZAKAULLAH LODHI, J
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SIND TANNERIES LTD.
VS
PRESIDING OFFICER, LABOUR COURT No. VI, HYDERABAD AND 18 OTHERS
Law:
Section:
1976 P L C 721 [Karachi] Before Zakaullah Lodhi, J SIND TANNERIES LTD. Versus PRESIDING OFFICER, LABOUR COURT No. VI, HYDERABAD AND 18 OTHERS Constitutional Petition No. 1474 of 1.974, decided on 28th May 1976. Industrial Relations Ordinance (XXIII of 1969)- S. 25-A read with Payment of Wages Act (IV of 1936), S. 22Jurisdiction of Labour Court-Claim regarding wages of period of illegal ouster-Section 22 of Payment of Wages Act, 1936-Does not create a bar to entertainment of case by Labour Court-Matter, held, within jurisdiction of Labour Court. General Steel Tools Co., Gujranwala v. Presiding Officer, Punjab Labour Court No. ILP L D 1976 Lab. 528; Messrs Luxury House v. 1st labour Court P L D 1969 Dacca 410 rel, Aziz Mubarak for Petitioner. Amjad for Respondents. Date of hearing: 28th May 1976. JUDGMENT The petitioners who are manufacturer of the leather goods used to manufacture boots and other leather article for hone consumption as well as for export purposes. According to them, towards the end of 1973 demand for boots stopped and therefore they were compelled to close down the boot factory. In order to keep Industrial peace they introduced a scheme of phase wise retrenchment and so the workers v-re retrenched in different batches. Initially there was lay of for 14 days and thereafter their services were terminated. They were however paid all the benefits to which they were entitled in accordance with law. When the petitioner had retrenched 50 workers, the Workers' Union filed a Civil Suit n the Court of Civil Judge, Hyderabad for declaration and injunction against the termination of services. A temporary injunction was issued restraining tile petitioners from retrenchment of workers on 23rd October 1973 which was subsequently confirmed on 19-11-1973. 2. During the pendency of the Civil Suit, 82 workers including respondents 3 to 19 filed applications under section 25-A of Industrial Relations Ordinance, 1969 before the Junior Labour Court. There applications were granted and it was held on 15.3-1974, that the applicants would be considered as in service and they would be further entitled to wages uptil 15-3-1974. 3. Against the order of the Junior…
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