Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A & 38(3)--Termination of service--Services of workman terminated on ground of alleged retrenchment due to losses and acute financial difficulties--Such workman found to be senior to other workmen retained in employment--Order of re-instatement in service passed by Labour Court was maintained. S. Zamirul Hassan for Appellant. Shafiq Qureshi for Respondent. Date of hearing: 11th August, 1986. DECISION This is an appeal filed by Messrs Trust Ceramic Industries, Karachi, against an. impugned order, dated 10-7-1985, passed by the Sind Labour Court No. IV, Karachi, who has allowed the grievance petition of the respondent filed by him under section 25-A, I.R.O. 2. The facts of the case, briefly stated, are that the respondent namely, Shamsher Riaz, was permanently employed in the appellant ­Establishment as skilled worker in Moulding Department since 1-10-1975, and that he was General Secretary of Trust Ceramic Industries Labour Union. That on 25-4-1984 the-services of the respondent were terminated on the ground of alleged retrenchment due to losses and acute financial difficulties. That, it was the case of the respondent that as the President and General Secretary of the C . B . A. Union were the officers of the appellant Establishment and the C.B.A. Union was the Pocket Union of the Management, he convened a meeting of the workers in which a number of members of the C . B. A. Union had also attended making a majority membership of the respondent's union, therefore, in that meeting an election /referendum between the two unions was demanded. That this act of the respondent had developed a displeasure with the Management, so, it had terminated the services of 47 workers, simply on the alleged plea of retrenchment. 3. The appellant Establishment resisted the grievance petition of the respondent submitting that the respondent was employed as unskilled worker from 1-10-1975, was promoted as semi-skilled worker from 1-4-1977 and thereafter, as skilled worker with effect from 1-4-1978. That there were three Trade Unions in the appellant Establishment. That the termination of services of the workers was…

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