Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- --- S. O. 8-A read with West Pakistan Industrial and Com­mercial Employment (Standing Orders) Ordinance (VI of 1968), S. Os. 11 & 12-Retrenchment-Second shift of Mills closed down due to non-availability of electricity and load sheeding resulting in cut-off of electricity for one to two hours during second shift time-Retrenchment of juniors in circumstances, held, justified--Contention that application of Trade Union of which some of retrenched workers were office-bearers pending registration with Registrar--Intimation of names of such office bearers to employer before passing of termination order not established- Violation of S. 8-A of Industrial Relations Ordinance, 1969, in circumstances, held, could not be assumed. Sultan Ansari for Appellants. Riaz Baloch for Respondent No. 1. Masood Ahmed Khan for Respondent No. 2. Pate of hearing: 9th December, 1981, The 5'appellants filed separate grievance petitions en the IIIrd Labour Court, Karachi, claiming that they had been employed in the Rashid Textile Mills Ltd., the second respondents herein, through M. Durvesh M. Rafique Co., the first respondents herein, but during the pendency of an application for the registration of the Yousuf Allah Dad and MDMR Co., Weaving Contractor of Rashid Textile Mills Labour Union, of which they were office-bearers members their services were illegally terminated by the respondents. The first respondents, while admitting that the appellant had been their employees whom they had engaged for the purposes of the contract under which the weaving work of the second respondents was to be undertaken by them, contended that the services of the appellants had to be retrenched on account of the non-availability of electricity in the shift in which the appellants were employed. As regards the second respondent, they disclaimed any liability in respect of the appellants and contended that they were the employees of the contractor and not of the mills. The learned IIIrd Labour Court, by its decision, given on 30th August, 1981, has dismissed, by a consolidated order, the grievance petitions of the 5 appellants, holding that the appellants…

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