Law:

Section:

Industrial dispute Re-organisation-Termination of service due to retrenchment --Closing down a Department or Section--Prerogative of Manage ment-Re-organisation should however be bona fide and genuine --Bona fides to be examined by Labour Court in light of prevailing circumstances-Workman charge-sheeted but no follow up action subsequently on submission reply containing protest that proceedings were result of his connection with Workers' Union---Service termi nated 2 months thereafter on grounds of closing of one Department of the Mills and retrenchment of post--Expert evidence of Court witness indicative that services of petitioner (retrenched worker) could not be utilized in other Departments of the Mills-Termination of service, in circumstances, held, though motivated by desire to get rid of him due to Trade Union activities and not due to any bona fide or genuine re-organisation, directing the Mills Management to employ him in other Departments would neither be proper nor appropriate-Petitioner, however, granted back benefits holding ter mination of service as improper-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. Date of hearing : 17th December, 1980.                                                                                                      DECSION The respondent, who was employed as a Colour Man in the appellant Company was discharged from service by an order of the appellant Company, dated 19th August, 1976 which reads as follows :-- "Subject : Discharge Order. Due to re-Organization the Management has decided to abolish the post of Colour Man in the Dyeing Department. In view of above you have become surplus to our requirement hence your services are hereby terminated with immediate effect. You are directed to collect your legal dues, if any, from the Accounts Department including one month's notice pay in lieu of one month notice during working hours. For Noor Silk…