Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. Os. 12 & 20---Termination of services---Services of employees employed as weavers in Weaving Department of employer mills, were terminated orally without issuing them any show-cause notice and without providing them opportunity of hearing--­Termination of employees was justified by employer mill contending that employees were workers of contractors and were receiving payment from contractors, thus, no relationship of workers and employers existed between the parties---Plea of employees was that alleged contractors were paid employees of the employer mills and were not genuine contractors and were prepared for purpose of defeating the Labour Laws---Even if employees were receiving payment from alleged contractors, weaving machines, tools, raw ,,material were supplied by employer mills and distribution of cloth was also done by the employer mills---Employer mills were responsible for quality of cloth and the overall supervision of the production---Employer mills were not leased out to alleged contractors, but mills were very much in possession of employer---Employer had not produced any evidence with regard to actual payment made by employer to alleged contractors with regard to supply of labour either in Trial Court or even at appellate stage---Such fact would show that alleged contracts were not genuine, but had been executed for the purpose of denying the relationship of employer and employees by the employers with their workers---Employers in circumstances, were thus liable for application of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 and their observance for the benefit of the employees, as provided under S.O. 20 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Service of employees, thus, could not be terminated nor they could be removed under S.O. 12 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, except by an order in writing stating reasons for such termination or…

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