Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os. 12 & 13--Industrial Relations Ordinance (XXIII of 1969), S.25-A--Retrenchment--Termination of service purportedly for being surplus--Evidence on record indicating that termination was a result of ante-labour policy to curb trade union activities--No evidence to show that petitioner workmen became surplus--Termination order, in circumstances, being not justified was set aside awarding re­instatement with consequential benefits. Muhammad Bashir Awan for Applicant. Masood Ahmed Shaikh.- Representative for Respondent. ORDER The applicant was employed as Reacher in the Weaving Department of the respondent and was covered by the provisions of Standing Orders, Ordinance of 1968. In the month of October 1984 the workers formed a union by name of "Modern Textile Mills Employees Union" and after its registration and declaration as CEA, it served a charter of demand. The management was unhappy with this new union and so it started- victimizing the workers. It terminated about 400 workers but they had re-instated them with effect from 2-6-1985. Since the terminated workers were not restored to their permanent status, they filed petition in this Court. However, during the pendency of the said petition, the applicant was terminated by letter dated 1-12-1985 without any causes or justification. Accordingly, he served a grievance notice dated 3-2-1986 and it having rejected on 19-2-1986. he instituted the present petition for his re-instatement with back benefits. The respondent filed its detailed reply statement denying the charges levelled against it in regard to ante-labour policy and pleaded that throughout the conduct and behaviour of the office-bearers of the newly formed union was against the management and it created lot of problems for it. It admitted the termination of about 400 workers and closing of Weaving Khata as also the re-start of the same on 2-6-1985. However, it pleaded that despite the undertakings given by the office-bearers of the said union not to stage go slow or strike etc. It continued to instigate the workers against the management, gheraoed…

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