Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(4)---Termination of service--­Reorganisation---Services of respondents who were workmen in the Weaving Department of a Textile Mills were terminated because of accumulation of woven cloth and Mill being not in a position to keep their Weaving Department running---On settlement between C.BA. and management and reopening of Weaving Department, workers were re-employed as fresh workmen instead of reinstating that from the date of their termination with full back benefits and continuation in service---Held, workers could not be removed from service except after observing procedure laid down under S.0.15(4) nor services of workers could be terminated on ground of closure of a particular section of Mills by way of. retrenchment for which no genuine proof or reason had been produced by employer on record---Facts showing that action was taken by employer in order to crush the Union and closure of Mill was not bona fide---Workers were reinstated in services in circumstances. (b) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 15(4)---Reorganisation---Employer has right to reorganise his establishment and to close any section of mill if he is undergoing losses and he can retrench workers as consequence of such reorganisation but such a closure should be bona fide and not as a cloak or colourful exercise to get rid off unwanted workers. Mahmood A. Ghani for Appellants. Bashir Awan for Respondents. Date of hearing: 17th November, 1990. DECISION This is an appeal against the order, dated 12-4-1987, passed by the learned Presiding Officer, Sindh Labour Court No.VI at Hyderabad, whereby by the single impugned order, he allowed 4 separate grievance petitions filed by the above-named 4 respondents against the orders of termination of their services. By the impugned order, the respondents were ordered to be reinstated in service with all consequential benefits. 2. I have gone through the written…

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