Law:

Section:

Industrial dispute--- ----Closing down part of Mills--Termination of service for such reason--Permission of Labour. Court to close down not first step in process of closing but last or simultaneous step - Termination of on service of workers should take place before, soon after or simulta­neously with application for permission - Termination order challenged on plea that Khata of Mills allegedly closed was still running - Permission of Court not applied for or taken even after lapse of 7 months termination of service - Version of petitioner workman not rebutted by oral or documentary evidence supporting closure-Labour Court, in circumstances, held, justified in awarding re-instatemdnt to workman with back benefits.-Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. 1975SCMR49rel,. Syed Iqbal Ahmad for Appellant. Date of hearing : 15th Febr-1,tary, 1983. JUDGMENT The two appeals captioned above arise from the decision dated 19-12-1982 passed by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur, whereby the grievance petitions of the respondents for their re-instatement in service were accepted and they were directed to be re-instated in service with back benefits. As the facts and law points involved in the two appeals are common, both the appeals are being disposed of together through this single judgment. 2. The services of the respondents were terminated for the reason that their Khata had been closed giving assurance that whenever it be restarted, preference for new employment would be given to them. The stand taken by the respondents in their grievance petitions was that the Mills had not been closed and that the work was going on. 3. Learned counsel for the appellant has argued that although there was no evidence on the record that the Khata had been closed, yet the learned lower Court held that since Khata was closed without the permission of the Court, it was illegal and the respondents were entitled to be put back on duty. This is true that the case of the respondents was not that in reality Khata in which they were working had been closed, but this was…

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