Law: Constitution of Pakistan, 1973

Section: 185(3),18(c)

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ---Preamble--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal granted to examine whether respondents-employees were at all governed by the Ordinance, 1968. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.2(g), Sched., S. O.I, proviso--Constitution of Pakistan (1973), Art. 18(c)--Provisions of S.O.I are applicable to the establishment run by a Corporation set up by the Provincial Government. Article 18 of the Constitution by its clause (c) envisages the carrying on by the Federal Government or a Provincial Government or by a Corporation controlled by any such Government, of any trade, business, industry or service to the exclusion, complete or partial, of other persons. This Article visualises the carrying on of the business by the Federal Government or a Provincial Government or by a Corporation controlled by any such Government. In the proviso, excluding the operation of the Standing Orders Ordinance, it is prescribed that Provided that nothing in this Ordinance shall apply to industrial and commercial establishments carried on by or under the authority of the Federal or any Provincial Government, where statutory rules of service, conduct or discipline are applicable to the workmen employed therein. The Corporations have been omitted from the proviso and the requirement is of Provincial or Federal Government carrying on business under its authority and the existence of the statutory rules. In the present case it is the common ground that the Provincial Government has set up a Corporation which is the appellant and which is running the establishment, of which the respondents were employees. It is clear, therefore, that on the words of the proviso, the Standing Orders do not become inapplicable. National Shipping Corporation v. Sind Labour Appellate Tribunal and 2 others 1975 P L C 1 approved. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os.12 11-A--Termination of employment--Closure of Establish­ment--Requirement of law--Reason of closure by…

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