| Citation(s) |
|---|
| 1995 SLG 1191 1995 SLD 1191 1995 PLC 349 |
Labour Appellate Tribunal, Punjab
Appeals Nos. FD-229 and 230 of 19$7, decided on 27th,October,1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeals Nos. FD-229 and 230 of 19$7, decided on 27th,October,1987.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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ASHIQ HUSSAIN and another
VS
ASHRAF LABORATORIES (PVT.) LTD., SARGODHA
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 8-A, 25-A & 38(3)---Termination of service due to abolition of post--Plea that application for registration of workers Union was pending with Registrar hence termination could not be made without permission of Registrar, repelled---Notice to employer regarding pendency of application with Registrar not proved---Termination of services, in circumstances, held, was rightly made and order of Labour Court dismissing grievance petition upheld by Appellate Tribunal. Appellants in person. Mian Abdul Latif for Respondent. Date of hearing: 13th October, 1987. JUDGMENT The appeals captioned above emerge from the decisions dated 6-6-1987 recorded by learned Presiding Officer, Punjab Labour Court No.5, Faisalabad whereby the grievance petitions of the appellants for their reinstatement have been dismissed. 2. The appellants were pills makers and their services were terminated on the plea that for the formation of pills machinery had been installed, therefore, their services were no longer required. The appellants challenged the order on the ground that the abolishing of their posts was wrong, that the application for registration of their union was pending but no permission was taken from the Registrar under section 8-A of the Industrial Relations Ordinance, 1969. To prove that the petition for registration was pending when the services of the appellants were terminated, P.W. 2 was examined who stated that application for registration was received on 28-12-1986 and certificate of registration was issued on 8-2-1987. In cross-examination he deposed that on 9-2-1987 letter Exh. R-1 was sent to the General Secretary but added he did not know when this letter was received by the management. Muhammad Aslam Postal Clerk, Zeenat Textile Mills was examined as P.W. 4 who deposed from the record brought by him that Letter No.471 dated 29-12-1986 addressed to Tariq Ashraf, Ashraf Laboratories, Faisalabad had not been delivered for the reason that the addressee had gone to Karachi. He further stated that another registered Letter No.636, dated 29-12-1986 was also addressed to Ashraf Laboratories which was delivered but he…
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