| Citation(s) |
|---|
| 1972 SLD 3086 = 1972 PLC 252 |
Sindh High Court
Application No. 222 of 1970, decided on 1st December 1971.
Presented By: Shaffi Muhammad R. Akhund, Chairman, F. A. Khan and Kassam Usman Kandawala, Members
Aziz Ahmad for Applicant. Masood Mirza for
Respondent.
Application No. 222 of 1970, decided on 1st December 1971.
Presented By: Shaffi Muhammad R. Akhund, Chairman, F. A. Khan and Kassam Usman Kandawala, Members
Aziz Ahmad for Applicant. Masood Mirza for
Respondent.
TASNIM AHMED
VERSUS
MESSRS PAKISTAN GUM AND CHEMICALS LTD., KARACHI
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 15
Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
Section: 12(1), 13, 18
Industrial Relations Ordinance (XXIII of 1969) S. 15 read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 12(1), 13 & 18-Termi nation of service of workman allegedly made sue to retrenchment- Procedure laid down in S. O. 13 regarding 'retrenching last person not followed-Records indicating termination as a result of Trade. Union activities of workman-Management, in circum. stances, held, indulged in unfair labour practices in terms of S. 15, Industrial Relations Ordinance-Workman, after following pro cedure laid down in S. O. 18 making application tar Court -Prayer for re-instatement, in circumstances, granted with full buck benefits. ORDER SHAFFI MUHAMMAD R. AKHUND (CHAIRMAN).-In this application, under Standing Order 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the applicant seeks re-instatement with full back benefits and wages from the respondent. The applicant's case is that he was the permanent workman employed in the respondent-Company as Electrician since two years. On 2nd August 1970, the applicant alongwith other workmen formed a Trade Union and was elected as Finance Secretary in the elections thereof. The application for registration of the Trade Union was made on 5th August 1970, and on the same date, the respondent was intimated accordingly. The latter, however, started harassing, intimidating and victimising the leading workers and officers of the Trade Union, including the applicant. On 8th August 1970, the respondent terminated the services of the applicant illegally and unlawfully and without assigning any reason. The applicant, made representation against the illegal termination of services to the respondent on 18th August 1970, but to no effect. Hence, he has moved this application. The respondents, in the Reply Statement, admit that the applicant was their permanent employee prior to termination of his services on 8th August 1970. They have, however, professed ignorance regarding the formation of the Trade Union or the election of the applicant as its office-hearer. They have denied that any intimation thereof was received by…