Case Details

Citation(s)
1989 SLG 1744 1989 SLD 1744 1989 PLC 489
Sindh High Court
Civil Petition No. S-60 of 1988, decided on 23rd January, 1989.
HAIDER ALI PIRZADA, J

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Messrs PAK CONTAINERS EMPLOYEES UNION through its General Secretary.

VS

PRESIDING OFFICER, III and another

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.O. 11-A--Civil Procedure Code (V of 1908), O.VII, R. 11--Constitution of Pakistan (1973), Art. 199--Termination of services of employees by employer-­Subsequent application by employer under S.O. 11-A of Ordinance VI of 1968-­Employees filed application for rejection of employer's application--Labour Court rejected employee's application for rejection of employer's application-­Order impugned in Constitutional jurisdiction--Both parties to Constitutional petition filed joint statement in Court stating therein that the impugned order be set aside and case be remanded to Labour Court for deciding the legal objections raised by employees by taking into consideration amended S.O. 11-A of the Ordinance, in .accordance with law, alongwith the main `application-­Constitutional petition was thus disposed of in accordance with terms of agreement. Ali Amjad for Appellant. Mohsin Tayabali for Respondents. Dates of hearing: 19th and 23rd January, 1989. JUDGMENT This petition is directed against the order, dated 7-5-1988 passed by the first respondent whereby the application for rejection was dismissed. The facts leading to the filing of the above petition are that the petitioner is a General Secretary of C.B.A. Union of the second respondent. The second respondent terminated services of all its workmen numbering 120 on or about 18th February, 1988. Subsequently the second respondent filed an application under 11(A) before the 1st respondent. The petitioners filed application under Order VII, Rule 11, C.P.C. praying for rejection of the application on the ground that the second -respondent has already terminated the services of all the workmen and closed down the whole of its establishment without the prior permission of the Labour Court and the Labour Court did not have any jurisdiction to confer legality post facto to any legal act. The second respondent after hearing the arguments of the counsel for the parties…
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