Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 37(3) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.11 A Closing of factory Grievance petition Rejection of Services of employee were terminated on ground that employer company had been closed due to liquidation and proprietorship/management of the defunct company had ceased to exist Grievance petition against the termination of service was dismissed by Labour Court No worthwhile material had been placed on record in proof of liquidation and no permission had been obtained from the Labour Court for the closure of company under S.O.11 A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 Closure of industry claimed by employer, in circumstances, had to be treated as a fictitious and a sham exercise Labour Court should have proceeded to record evidence to be led by the parties arid only in the light thereof, correct conclusion could be deduced Decision of Labour Court, which could not stand judicial scrutiny, was reversed by Labour Appellate Tribunal in appeal. JUDGMENT The appeal is directed against the decision dated 14 5 1998, delivered by the learned Labour Court, Faisalabad, rejecting the stay application, as also the main grievance petition, submitted by Faryad Hussain, who had been working with the respondent concern, as a Weaver. 2. The learned lower Court has come to the plain conclusion that the Saad Textile Industries were liquidated w.e.f. 1 7 1997. and the proprietorship/management of the defunct company having ceased to exist, would not be liable for taking back in service the labourers including the appellant, who cannot be absorbed in an establishment which no longer exists and operates. 3. The appellant has,…

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