| Citation(s) |
|---|
| 1998 SLG 1218 1998 SLD 1218 1998 PLC 80 |
Labour Appellate Tribunal, Punjab
Appeal No. MN-293 of 1996, decision dated: 14-07-1997
MIAN GHULAM AHMAD, CHAIRMAN
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Appeal No. MN-293 of 1996, decision dated: 14-07-1997
MIAN GHULAM AHMAD, CHAIRMAN
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FACTORY MANAGER, THAL JUTE MILLS LIMITED, MUZAFFARGARH.
VS
BASHIR AHMAD
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------S. Os. 13 & 14---Retrenchment---Number of employees junior to respondent employee had been retained in service, but respondent who was senior to others was retrenched on account of re-organisation of the employer concern---Retrenchment could not be conducted in hotch-potch manner and must be undertaken systematically and in keeping with the familiar norms and principles of justice---Retrenchment of employee, thus, had not been done in a fair, just and equitable manner; but he had been picked up for a discriminatory treatment for retrenchment---Labour Court had rightly concluded that employee had been struck off the rolls of the establishment on a vain pretext or a lame excuse. Umar Alvi for Appellant Mian Muhammad Hanif for Respondent Date of hearing: 9th July, 1997 JUDGMENT By a judgment announced by the learned Labour Court, Multan, camping at D.G. Khan, Bashir Ahmad's grievance petition was accepted on 8-12-1996, and he was ordered to be reinstated in service with full back benefits. The employer has come up in appeal to this forum. 2. Bashir Ahmad was working in the Accounts Section of the Thal Jute Mills Limited. On account of what was called re-orgainzation of the concern, the strength of the employees under-went retrenchment and Bashir Ahmad was ousted from service on 17-12-1994. He maintains that he had put in about 18 years of satisfactory service, and it occurred to the management to get rid off him, and on a false pretest of retrenchment, his services were dispensed with. Although, initially an objection was taken up by the appellant, as regards status of the employee and the competence, of the Labour Court in the matter, such an objection was given up, in the course for arguments. Another objection, however, was to the effect that although several people were retrenched, and quite a few were going to be adversely affected, in the event of success of the grievance petition, they were not impleaded as parties, and would thus, be condemned unheard, in case the grievance petitioner was crowned with success. 3. The learned counsel for the…
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