Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) -- S. 45 read with Ss. 25.A & 2(xvi) and West Pakistan Industrial and Commercial Employment- (Standing Orders) Ordinance (VI of 1968), S. O. 11-A-Removal from service-Retrenchment-Lock-out ­Documents on file showing acceptance of resignations and receipt of all legal dues by workers and issue of payment vouchers and service certificates by employers-Workers shown to have themselves ter­minated their services by tendering their resignations-No evidence suggesting declaration of lock-out by employers-No prior permission sought from Labour Court for closing down of establishment-No evidence on record regarding raising of an industrial dispute by Union with regard to retrenchment of workers-Application, held, not maintainable and no propitiatory order in respect of alleged illegal lock-out called for. Mirza Majeed Baig and 3 others v. Messrs Fatehally Chemical Limited anti 2 others Constitution 1973 P L C 297 and 1976 P L C 32 ref. Mustafa Kamal Mirza for Appellant S. M. Yaqoob for Respondent. ORDER The applicant-Union filed the application under section 34 of Industrial Relations Ordinance, 1969 alleging therein that the respondents are in the habit of contravening the provisions of law and bad unlawfully withheld the amount of bonus which was granted to the workers under Standing Order 10-C of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. The applicant-Union therefore filed 37 cases under section 25-A of I. R. O., 1969, on behalf of the concerned workmen before this Court. The respondents, in order to do away with the services of the workers, invited the concerned workers to their establishment to receive the aforesaid bonus and also asked the applicant to withdraw the cases. On this the applicant. Union withdrew all the 37 cases and advised the workers to go to the respondent's Establishment in compliance with their instructions. The respondents paid the required bonus, but at the same time- impressed upon the workers that they were compelled to effect retrenchment in their establishment necessitated by slump ness in the market, paucity of work orders and overdraft…

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