Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)­------- ------ S. 47-Termination due to retrenchment-Termination simpliciter­ -Not covered by S. 47-Contention that dispute being pending before Conciliator no employee could be removed without permission of Conciliator, in circumstances, rejected. Zeal Pak Cement Factory, Hyderabad v. Chairman West Pakistan Industrial Court, Lahore, 1965 P L C 216 and Messrs Saifee Development Corporation, Karachi v. Inam-ur-Rehman) 1969 P L C 459 rel. Shames-ul-Islam for Petitioner. Mahmood Abdul Ghani for Respondent. DECISION During the pendency of a petition under section 34 of the Industrial Relations Ordinance, 1969, the petitioner-Union filed this application fog issuance of a stay order with respect to termination of two of his employees. This decision will dispose of the application for stay order. 2. The relevant facts are as follows.-The Pakistan Central Cotton Committee, Karachi introduced "Integrated Post Control Scheme" at Lyallpur. The employees of Lyallpur formed a Trade Union and have been raising industrial disputes etc. Recently, the employer decided to transfer the scheme to Agriculture Research Council which is a separate establish­ment. This transfer was challenged by the petitioner-Union under section 34 of the Industrial Relations Ordinance, 1969. On 16-10-75 two of the employees were terminated. The order of termination reads as under :- "Due to termination of Pest Forecast Scheme, Punjab, you have been rendered surplus to our requirements. Your services with the Pakistan Central Cotton Committee, are, therefore, no longer required. Your services are, therefore, terminated with immediate effect on payment of notice pay in lieu of notice period. You are directed to collect your dues from your Presiding Officer on any working day." 3. Aggrieved by the above termination the Union filed an application for stay order with a prayer that the order of termination be suspended till decision of main case under section 34 of the Industrial Relations Ordinance, 1969. 4. The application has been resisted by the employer. The petitioner­-Union based its case on the ground that an industrial dispute was pending before the…

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