Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

Law: Constitution of Pakistan, 1973

Section: 212(3)

Industrial Relations Ordinance (XXIII of 1969)--   ---S.25-A--Constitution of Pakistan (1973), Art.212(3)--Leave to appeal--Sale of an industrial unit and transfer of services of its employees to vendee--Transaction challenged unsuccessfully in Labour Court--Order of Labour Appellate Tribunal interfering with transfer of workers services to vendee, upheld by High Court--Leave to appeal granted to examine contention that there being no factual controversy on the point that on the relevant date contesting respondents were employed on solvent extraction plant (the sold unit) and allegation that their services had been transferred to vendee of the plant for ulterior motives having been rejected by Labour Court, it was not open to Appellate Tribunal to interfere with transfer of their services to vendee.   ORDER SAAD SAOOD JAN, J.--Under the Hydrogenated Vegetable Oil Industry (Control and Development) Act, LXV of 1973, the Federal Government took over the management of and later acquired the controlling interest in the Fazal Vegetable Ghee Mills. The Mills had three sections, namely, Oil Section, Ghee Section and Solvent extraction. section. By a registered sale-deed dated 22-11-1979, it sold the solvent extraction plant to M/s. Fatima Enterprises, Limited, Multan. The sale-deed provided for the transfer of the services of workers who were employed in connection with the said plant to the vendee. The relevant extract from the sale-deed reads as follows:- That in consideration of the aforesaid sale and mutual terms and conditions agreed to between the parties, the vendor have transferred to the purchaser, the total staff comprising 140 Employees who were on the date of the take over (i.e. 2-9-1973 on the pay roll of the Solvent Extraction Plant of the Vendor Company or/and employed thereafter on Solvent Extraction Plant strength till date to the purchaser, on the same terms and conditions as regards pay and all other allowances and benefits as presently enjoyed by them either with the Vendor Company or with the Ghee Corporation of Pakistan Limited, and the purchaser have accepted the said total staff so transferred to it on its pay roll and agrees and…

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