Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969) ------S. 25-A read with S. 47(1)-Management after conclusion of con­ciliation proceedings deciding to dispense with services of applicant workmen and issuing letters to that effect-Both events happening on same date-No evidence to show that letters of termination were issued before conclusion of conciliation proceedings-View taken by Labour Court that services of workers were terminated, during conciliation proceedings in violation of S. 47(I)-Held, cannot be supported. (b) Industrial Relations Ordinance (XXIII of 1969) --- S. 25-A-Worker allegedly terminated for Union activities ­Contention of Management that work had decreased and, therefore, Department concerned was closed with result that applicant workers were rendered surplus and their services had to be terminated Circumstances establishing fact that workers victimised for Union activities and their services terminated on a false ground-Action of Management, held, cannot be approved of. H. A. K. Warst for Appellant K. D. Brohi for Respondent. Date of hearing: 4th September 1977 DECISION These are 5 appeals against the common order of the Labour Court ordering re-instatements of the respondents with full back benefits on applications made under section 25-A, 1. R. O. 2. The respondents were in the permanent employment of the appellant. In April, 1976 the employees of the appellant had formed a - Union. So it is said that the Management was annoyed. The Union raised an industrial dispute and conciliation proceedings were resumed but no settlement was reached. Conciliation proceedings were concluded on 18th August, 1976. On the same date the Management passed an order terminating the services of the respondents and a few others on the ground of the closure of the Packing Department. The letter of the termination was posted on 19th August, 1976 indicating that the termination would come into effect from 24th August, 1976. The respondents had received the letters on 23rd August, 1976. 3. The respondents served grievance notices and then approached the Labour Court making allegations that since the Union was formed, the Management was annoyed and in order to…

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