Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.34--Closure of factory having already been allowed, industrial dispute dismissed by Labour Court as infructuous--Tribunal remanded case for decision on merits because in case factory reopens, it would be necessary to recall employees--Dispute cannot be said to have become infructuous. Ch. Ghulam Qadir Cheema for Appellant. Naeem Bokhari for Respondent. Date of hearing: 16th February, 1982. JUDGMENT This appeal arises from the decision dated 26-12-1977 passed by the learned Presiding Officer, Punjab Labour Court No.1, Lahore, whereby the industrial dispute raised by the appellant Union was dis­missed. 2. The ground on which the learned lower Court dismissed the industrial dispute is that the petition of the respondent brought under Standing Order 11-A of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for the closure of the whole establish­ment had already been accepted and thus the industrial dispute had become infructuous. Regarding demand No.1 the lower court observed that it related to the reinstatement of the workers in service and since it was an individual grievance of the retrenched workers, they were competent to file petitions under section 25-A of the Industrial Relations Ordinance, 1969 and no industrial dispute could be raised in the matter. Regarding remaining demands he observed that they related to the creation of the rights of the workers in future and as the establishment had already been closed, the dispute had become infructuous. The grounds given by the lower Court for dismissing the industrial dispute are not cogent.…

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