| Citation(s) |
|---|
| 2026 SLG 1079 2026 SLD 1079 = 2026 PLC 30 |
Supreme Court of Pakistan
C.P.L.A. No. 451-K of 2023, decided on 2nd June, 2025. (On appeal against the judgment, dated 31.01.2023 passed by the High Court of Sindh, Karachi in Constitutional Petition No. D-1134 of 2022).
Presented By: Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Aqeel Ahmed Abbasi, JJ
Muhammad Iqbal Chaudhry, Advocate Supreme Court / Advocate-on-Record for Petitioner. Fazal Mannan Bacha, Advocate High Court with R-1 (Babu Sher) for
Respondents. Sibtain Mehmood, Additional Advocate General Sindh for
Respondents (on Court s call).
C.P.L.A. No. 451-K of 2023, decided on 2nd June, 2025. (On appeal against the judgment, dated 31.01.2023 passed by the High Court of Sindh, Karachi in Constitutional Petition No. D-1134 of 2022).
Presented By: Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Aqeel Ahmed Abbasi, JJ
Muhammad Iqbal Chaudhry, Advocate Supreme Court / Advocate-on-Record for Petitioner. Fazal Mannan Bacha, Advocate High Court with R-1 (Babu Sher) for
Respondents. Sibtain Mehmood, Additional Advocate General Sindh for
Respondents (on Court s call).
Messrs TRIO INDUSTRIES (PVT.) LIMITED
VERSUS
BABU SHER and others
Law: Sindh Terms Of Employment (Standing Orders) Act, 2015
Section: XI,2(g),2(k),3,14,15
Law: Sindh Industrial Relations Act, 2013
Section: XXIX,34(7),47(3),48(3)
Law: Constitution of Pakistan, 1973
Section: 91
Law: Rules of Business, 1973
Section: 16,17,18,20
(a) Sindh Terms of Employment (Standing Orders) Act, 2015 (XI of 2016)--- ----Ss.2(g), 3, 14, S.O. 15 & Sched.---Sindh Industrial Relations Act (XXIX of 2013), Ss.34(7), 47(3) & 48(3)---Closing down of an establishment by the employer---Grievance petition by the employees---Payment of compensation in lieu of reinstatement in service, grant of---Due process and mandatory procedure to be followed for seeking approval before closing of establishment by employer, requirement of---Scope---Facts in brevity were that the petitioner being engaged in printing ceramic tiles for other manufacturers applied under Standing Order 15 of the Sindh Terms of Employment (Standing Orders) Act, 2015 to close its factory due to technological changes rendering its business unviable---Employees alleged the closure was in retaliation to trade union activities and filed grievance petitions, which were dismissed by the Labour Court---On appeal, the Labour Appellate Tribunal set aside the dismissal and ordered compensation for the employees in lieu of reinstatement---The High Court upheld this order, holding that the closure was not in accordance with law as no application had been made to the government through the proper channel---Pivotal question for determination before the Supreme Court was as to Whether the petitioner company s application for closure of its establishment fulfilled the legal requirement of seeking closure approval under Standing Order 15 of the 2015 Act, and if compensation in lieu of reinstatement granted to the employees was justified? ---Held: The petitioner filed the application for seeking permission to close down the factory before a wrong forum, and after lapse of fifteen days, presumed that their application, by fiction of law was allowed, which was a completely wrong understanding of the law by the petitioner--Had the (petitioner) approached and filed an application through the proper channel, which could be the office of the Chief Secretary, with the request to place it before the provincial cabinet for approval, and if such application was then moved to the Government through the Chief Secretary, there was a possibility that the…