Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -- S. O. 20-Liability of employer-Question whether certain persons are in employment of certain industry car independent contractor-Tests. Shahab Industries Ltd., Karachi, v. Shah Nimroze 1974 P L C Note 60 at p. 33; Messrs British India Engineering Works v. Akhtar Hussain Khan P L D 1959 Kar. 403; Dharangandhra Chemical Works Ltd. v. State of Saurashtra and others A I R 1967 S C 264 and Harbour Board v. Coggins & Grififth (Liverpool) Ltd., (1947) 1 A C 1 ref. (b) Constitution of Pakistan (1973)-- Art. 199-Writ-Findings of fact-Held, cannot be disturbed in a constitutional petition. Messrs British India Engineering Works v. Akhtar Hussain Khan and others P L D 1959 Kar. 403 ref. Ali Amjad for Appellants. A. A. Fazeel and Khalid Jamil for Respondent No. 2. Date of hearing: 30th August 1976. JUDGMENT The circumstances in which this Constitutional Petition has been filed, in a nutshell, are as follows 2. The present petitioners and some more employees of the respondent No. 2 filed separate applications under section 25-A of the Industrial Relations Ordinance, 1969, asking for their re-instatement in service. Their contention was that they bad come to grief and lost their services, because the respondent No. 2 was espousing the cause of their rival Union, which was dubbed by them, as a pocket Union, in the referendum for the deter­mination of the Collective Bargaining Agent. Since the text of the application will be of some importance in the case, it might be mentioned that, after narrating the tactics employed by the respondents to achieve their objection, and the consequent harassment they had to suffer, came paragraph 7, which reads as under: - "7. That in the above context and in furtherance of malice and unfair labour practice the employers-respondents all of a sudden, without prior notice and in perfect violation of the provisions of Standing Order 11-A of the West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance 1968, closed down doubling section w.e.f. 22-12-1972, resulting into unemployment and ouster from service of ly workers, all…

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