| Citation(s) |
|---|
| 1978 SLG 1049 1978 SLD 1049 1978 PLC 285 |
Labour Appellate Tribunal, Punjab
Petition No. 699 of 1974, decided on 1st November 1975
MALIK LEHRARAP KHAN, PRESIDING OFFICER
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Petition No. 699 of 1974, decided on 1st November 1975
MALIK LEHRARAP KHAN, PRESIDING OFFICER
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WORKERS UNION
VS
MESSRS RAVI THREAD WORKS, LAHORE
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)------ -- S. 25-A-Re-instatement-Partnership of industrial unit dissolved and business closed under orders of civil Court-Re-instatement of workers cannot be granted in circumstances of case-Partners, however, liable to workers for payment of arrears of wages and other legal dues. Desai Ground & Co. v. Labour Court and another 1962 P L C 479 ; Indian Flour Mills Workers' Union v. Messrs Indian Flour Mill. Karachi 1971 P L C 150 and Fateh Mohammad v. Mian Abbas Ahmad 1969 P L C 32 ref. Naeem Sultan Butt for Petitioner Sabir Ali and Mian Mohammad Saleem for Respondent. JUDGMENT Ravi Thread Works Workers' Union hereinafter referred to as the petitioner-Union has filed the under consideration petition through its General Secretary Mr. Abdul Sattar under section 34 of the I. R. O., 1969, against Messrs Ravi Thread Works through (1) Sh. Zahoor Ali, (2) Sh. Mehdi Raza, (3) Sh. Nawazish Ali, (4) Sh. Manzoor Ali, (5) Sh. Mehboob Ali ex partners of Messrs Ravi Thread Works. 2. It is alleged in the petition that the petitioner-Union being the only Trade Union in the establishment of Messrs Ravi Thread Works was the C. B. A. - and had been acknowledged as such by the Management and that the petitioner Union in November, 1973, served a notice of demands under section 6 of the I. R. O. on the Management. In March, 1974 suddenly the workers found the notice to the effect pasted on the factory gate that the same was sealed under the orders of the Civil Court. The matter was reported to the Assistant Director, Labour Welfare Department but subsequently on 11th April, 1974, Mr. Nawazish Ali the Managing Partner of the firm through a general notice terminated the services of all the workers of the factory. The action of respondent, according to the petitioner-Union in terminating the services of workers was;-- (a) Illegal lock-out as the respondent has terminated the services of the workers without following the procedure as prescribed under law (b) illegal as the services of the workers have not been terminated in accordance with the provisions of clause 12 (3) of the Industrial and Commercial Employment (Standing Orders)…
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