Law:

Section:

Industrial Relations Ordinance (XXIII of 19469)--- ----Ss. 8-A & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 12---Termination of service--­Order terminating services of employees as a result of re-organisation in the Department had been challenged alleging that termination order passed by employer was illegal as their services had been terminated during pendency of registration of their trade union in violation o f S. 8-A of Industrial Relations Ordinance, 1969---Employees neither were office-bearers of trade union sought to be registered nor their names were notified to the Registrar of Trade Union--­Provisions of S. 8-A of Industrial Relations Ordinance, 1969, thus were not applicable to the case of employees and their services were rightly terminated under S.O. 12 of West, Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 after payment of their dues. DECISION These appeals by the Management of Avari Towers Hotel are directed against the order of 1st Sindh Labour Court, Karachi, whereby the seven workers were re-instated in service on the plea that their services were terminated during pendency of registration of their trade union in violation of section 8-A of the I.R.O. 2. The facts in brief are that according to the case of the management, services of the workers were dispensed with as a result of re-organisation as the whole department in which they were employed was handed over under the control of a contractor and the termination was simpliciter and not by way of punishment. 3. The learned Labour Court found that this termination was pending the registration of their trade union and was therefore in violation of section 8­A of the I.R.O. 4. The respondents could not be served by ordinary process…

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