Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 12(3)--Termination of service--Employer is not required to give reason for closure of establishment because of which services of employee were terminated. (a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 12(3)--Industrial Relations Ordinance (XXIII of 1969) S. 25-A-­Termination of service--Closure of establishment--Services of worker terminated by employer due to closure of establishment--Worker unable to prove that, contention of employer that establishment was closed, was wrong and no convincing evidence available to the contrary--Other two workers whose services were also terminated due to closure of establishment had not filed grievance petition to challenge same--Appeal against dismissal of grievance petition of worker dismissed. DECISION This appeal is against the order passed by learned Presiding Officer, Sind Labour Court No. 5, Karachi, dated 19-4-1988, whereby the grievance petition of the appellant was dismissed. 2. The brief facts leading to this appeal are that the appellant was workman employed with the respondent whose services are alleged to have been orally terminated on 1-10-1987. After serving grievance notice upon the respondent he filed grievance petition before the learned Labour Court. 3. The respondent resisted the petition on the ground that the appellant was working alongwith two other workers in their Tandoor. They, however, closed their Tandoori Section from 1-10-1987 and consequently they terminated services of the three workers in the Tandoor by written order and also paid them one month's salary in lieu of notice. It was submitted that the appellant refused to accept the termination order and, therefore, it was sent on the address available with the respondent which was returned unserved. 4. I have heard Mr. Raja Shamsuz Zaman, Advocate for the appellant and Mr. Masood Mirza, representative for the respondent. 5. The main contention of the learned counsel for the appellant is that no order in writing terminating the services of the appellant was passed or communicated to…

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