Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 23(B)(6)

Law: Constitution of Pakistan, 1973

Section: 99

(a) Industrial Relations Ordinance (XXIII of 1969) S. 23(B)(6) read with West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 13 Subsection (6) of S. 23(B) of Ordinance XXIII of 1969-Gives instances where workers' representatives have to be consulted and their written advice taken into consideration-Section does not cover eventualities like that of retrenchment-Workers' representa tives-Need not be taken into confidence in cases of retrenchment Management at liberty to retrench any worker on basis of 'last come first go' basis. (b) Constitution of Pakistan (1973) Art. 99-Writ jurisdiction-Concurrent findings of lower Courts High Court can always interfere in cases of misreading of evidence Both lower Courts found not to have gone through record correctly and to have given patently erroneous finding by misinterpreting law and misreading of evidence, finding, held, liable to be reversed. Date of hearing : 13th November 1975.                                                                                                                                            JUDGMENT The petitioner is a limited company registered under the Companies 1913. The respondents Nos. 3 to 7 were employed with the petitioner in 4the capacity of Welder. Turner and Blacksmith. On 3rd August 1974, the Company retrenched the respondents Nos. 3 to 7 and 6 other workers on the round that the Lathe Machine on which these workers were working had gone out of order and its spare parts could not be replaced as the same were not available in Pakistan. According to the petitioner no sufficient work was available for the retrenched workers and therefore on the basis of 'last come first go' the eleven workers were removed from services. Four out of eleven retrenched workers received…