| Citation(s) |
|---|
| 1977 SLG 1695 1977 SLD 1695 1977 PLC 502 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-268 to 273 of 1976, heard on 16th November 1976.
GHULAM RASOOL SHEIKH. APPELLATE TRIBUNAL
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Appeals Nos. KAR-268 to 273 of 1976, heard on 16th November 1976.
GHULAM RASOOL SHEIKH. APPELLATE TRIBUNAL
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
SHEDAR KHAN AND 5 OTHERS
VS
MOONLIGHT SILK FACTORY
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)------ ------S. 25-A read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12(3)Factory employing 21 workers-Services of permanent worker held, could not be terminated without stating reasons-Order terminating services of appellants not giving any reasons - Order, held, void. (b) Industrial Relations Ordinance (XXIII of 1969)------ -----S. 25-A-Dismissal - Employer pleading Factory to have been closed-Nothing on record to substantiate contention-Matter needing evidence, plea, held, could be raised before Labour Court-Appeals allowed but case remanded for disposal on merits. Muhammad Ahmed for Appellant. Syed Zamirul Hasan for Respondent. Date of hearing : 16th November 1976. DECISION These are 6 appeals against the order of the Labour Court dismissing the applications filed under section 25-A, I. R. O. Since common question is involved, these appeals have been consolidated. 2. The appellants were in the service of the respondent. Their services were terminated by a simple order that their services were no longer required and one month's pay in lieu of the notice was given. The appellants were not satisfied with the termination of their services. They served grievance notices upon the respondent and then approached the Labour Court for redress of their grievances. 3. The applications were resisted. It was pleaded that the respondent's concern was a Weaving Factory and since less than 20 workmen were employed the Standing Orders Ordinance was not applicable. 4. The Labour Court on the assessment of the evidence came to the conclusion that according to the evidence on record only 14 workmen were employed and on the basis of this conclusion the objection raised on behalf of the respondent was upheld and the applications were dismissed. Aggrieved by this, the present appeals had been filed. 5. On perusal of the record and proceedings and hearing the argument I am of the view that the Labour Court clearly erred in coming to the conclusion that less than 20 workers were employed in the Factory of the respondent. According to the evidence available on record there…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492