| Citation(s) |
|---|
| 1981 SLG 1268 1981 SLD 1268 1981 PLD 39 |
Supreme Court of Pakistan
MUHAMMAD HALEEM, ASLAM RIAZ HUSSAIN AND ABDUL KADIR SHAIKH, JJ
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MUHAMMAD HALEEM, ASLAM RIAZ HUSSAIN AND ABDUL KADIR SHAIKH, JJ
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ALHASSAN SILK MILLS LTD.
VS
THS PRESIDING OFFICER, SIND LABOUR COURT AND another
Law:
Section:
(a) Constitution of Pakistan (1973)--- Art. 185(3)-Special Leave to Appeal-Granted by Supreme Court to consider effect of S. 1(4), second proviso vis-a-vis S. O. 12(5), West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968). Link (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968r- S. 1(4), second proviso read with S. O. 12(1), (3), (5) & S. O. 15Termination of service-Legislation by incorporation-Clause (5) of S. O. 12 neither an exception to second proviso to S. 1(4) nor cl. (4) to be read as part of cl. (3) of S. O. 12-Establishment employing less than 50 workmen-Standing Order 12(5) not applicable in case of termination of service of workman of such establishment for misconduct-Held, services of workman of such establishment can rightly be terminated by recourse to S. O. 12(1). Link 1 Link 2 Civil Appeal No. K-70 of 1978 reaffirmed. Fazle Ghani Khan, Senior Advocate and Noor Ahmad Noori, Advocate-on-Record for Appellant. Respondent No. 1: Ex parte. Shahanshah, Advocate and A. Aziz Khan, Advocate-on-Record for Respondent No. 2 (in all Appeals). Date of hearing : 23rd September, 1980. JUDGMENT MUHAMMAD HALEEM, J.-These appeals, by special leave; arise from the common judgment of High Court of Sind dated 20th of August, 1978, by which Constitutional Petitions Nos. 172, 173 and 174 of 1975 were dismissed. The appellant in these appeals is Alhassan Silk Mills Ltd. which is incorporated as a private limited company. It had a small weaving factory and employed 30 weavers to work the 30 power looms installed therein. Each weaver worked on three power-looms in each shift which were three in number. The dispute arose as the weavers declined to work on three looms and instead were prepared to work on two looms. The appellant, thereupon, approached the Union of the workmen to persuade the weavers to work on three looms but the Union declined to render any assistance. Thereupon, the appellant charge-sheeted the respondents and the others for adopting "go slow tactics" and pursuant to the domestic enquiry for establishing this charge, their services were terminated by identical…
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