Law:

Section:

(a) Industrial dispute- -- Retrenchment- Seniority - A retrenched workman contending violation of seniority and retention of his juniors-B in earlier petition already declared senior than A by Labour Court-Petition of A also affecting B-B, in circumstances, held, a necessary party to A's petition-Petition of A, in circumstances, held, not maintainable unless B also impleaded. (b) Industrial dispute- -- Retrenchment-Seniority- Workman seeking voluntary transfer from cane trade/Job to another - Seniority in fresh job/trade to count from date of transfer-Previous service in different job, in circumstances, held, not effective for purposes of retrenchment. Ghulam Hasan for Appellant. Wasiullah for Respondent. Date of hearing : 9th June 1977. DECISION This is an appeal against the order of the Labour Court ordering the re-instatement of the respondent on an application made under section 25-A, Industrial Relations Ordinance. 2. The respondent was in the permanent employment of the appellant and was working as Winder in the Double Winding Department, Subsequently, on his request in writing, he was transferred and posted as Bobin Sorter. However, retrenchment had taken place and the vice of the respondent was terminated on 12-8-76 on the ground that he was a junior-mosts Bobin Sorter. Two other persons were also retrenched. The respondent after serving the grievance notice approached the Labour Court. The application was resisted and it was pleaded that the service of the respondent was to be counted from the date when he was appointed as Bobin Sorter and, wherefore, he being the most junior in that category his service was termi­nated. 3. Evidence was recorded. On the assessment of the evidence the learned Presiding Officer entertained the view that the service of the respon­dent was to be counted from the date of his original appointment and not from the date of his transfer and he being senior to other two persons, he could not be retrenched. In this connection it may be noted that one Elahi Bux and Godar Khan had also been retrenched…

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