Case Details

Citation(s)
1981 SLG 3064 = 1981 SLD 3064 = 1981 PLC 161
Labour Appellate Tribunal, Sindh
Appeal No. KAR-61 of 1980, heard on 25th February, 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Samiullah Khan for Appellant. M. L. Shahani for
Respondent.

MESSRS KARACHI PIPE MILLS LTD., KARACHI

VERSUS

EMPLOYEES' UNION

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A, (4), (5)

Law: Economic Reforms Order, 1972

Section: 6, 8

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 15(3)(h)

(a) Industrial Relations Ordinance (XXIII of 1969)  S. 25-A-Grievance petition to Labour Court-Collective Bar gaining Agent-Competent to espouse petition of workman-Specific authorisation by worker-Not essential-Grievance notice to em ployer by Collective Bargaining Agent-Sufficient notice. Sind Alkalies Ltd. v. Workers' Union P L D 1979 Kar. 473 ref. (b) Economic Reforms Order [P. O. 1 of 1972]  Art. 6 & 8 read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Dismissal of worker of taken-over industry for misconduct-Cannot be deemed to be an order protected from being challenged before Court. Petition under section 25-A of the Industrial Relations Ordinance, 1969 against dismissal for misconduct of worker of an industry taken-over by Government was resisted as un-maintainable and beyond jurisdiction of Labour Court as having been made under Article 6 and in view of the protection provided under Art. 8 of the Economic Reforms Order, 1972: Held, what Article 8 of Economic Reforms Order, 1972 prohibits is the calling in question of any provision of the Order or of any rule or Order made or anything done or any action taken or purporting to be made, done or taken thereunder. An order or action thus must be made or taken in exercise of the powers conferred by any provision of the Economic Reforms Order in order that it should be protected from being called in question before a Court. An action or order outside the purview of the Economic Reforms Order obviously enjoys no protection. There appears to be nothing in Article 6 or in any other provision of the Economic Reforms Order empowering the Managing Director to dismiss an employee as distinct from not continuing his services upon take over of the establishment without following the procedure prescribed by law for such dismissal, or protecting the orders of dismissal passed by him from scrutiny by the Labour Courts. There is obviously a clear distinction between not continuing an employee in service, specifically when such right or power has reference to a particular event or occurrence, and dismissal, which is severence of employment with a stigma. The scope of Article 6 is strictly…
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