Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 47(1) (b), 25-A

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

Section: 12(3)

(a) Industrial Relations Ordinance (XXIII of 1969) S. 47(1) (b) read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12(3)- Retrenchment due to re-organisation-Termination simpliciter- During pendency of industrial dispute-Does not amount to alteration of conditions of service-Does not attract provisions of S. 47 of Industrial Relations Ordinance, 1969-[Salem Shevapet S. Y. Bank v. Krishan (1959) 2 L L J 797 held not applicable]. Pakistan Petroleum Workers' Federation v. Burmah Shell Oil Storage & Distributing Company of Pakistan P L D 1961 S C 479 ; Zeal Pak. Cement Factory Ltd. v. Chairman, West Pakistan Industrial Court 1965 P L C 216 ; Saifee Development Corporation Ltd. v. Inamur Rehman 1969 P L C 402 and Karachi Industrial Corporation v. Muhammad Saeed 1969 P L C 574 rel. Salem Shevapet S. V. Bank v. Krishan (1959) 2 L L J 797 held not applicable. Mohini Sugar Mills v. Hassan (1962) L L J 389 and Manu v. Aspinwal & Co. (1973) I L L J 212 rel. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 12(3) read with Industrial Relations Ordinance (XXIII of 1969), S. 25-A-Termination of service in consequence of bona fide re organistation-Permissible-Workman entitled to grievance petition before Labour Court if aggrieved-Labour Court competent to go into, facts to ascertain bona fides of re-organisation and to ensure that purported re-organisation was genuine and not used merely as a cloak to get rid of an unwanted worker-Re-organisation designed to affect specific workman as against a category of workmen-Can not be considered genuine or bona fide specially when such re-organisa tibn neither results in improved .efficiency nor affects economy -Office-bearers (two) of Trade Union employed as time keepers -Total posts of time keepers 4 and reduced to 2 knowingly that by such retrenchment both important office-bearers would be affected- Factory working in 3 shifts-Remaining two time keepers doing over time-Re-organisation made neither achieving better efficiency nor affecting economy-Jobs offered to both retrenched workers involving considerable loss in…