Case Details

Citation(s)
1991 SLG 1846 1991 SLD 1846 1991 PLC 114
Labour Appellate Tribunal, Sindh
Appeal No. KAR-13 of 1989, decided on 19th April, 1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
Ali Amjad for Appellants. S.Zamirul Hassan, Representative for
Respondents.

WORKERS UNION LABOUR WELFARE SOCIETY

VS

Messrs UNITED WOOLLEN MILLS LTD. WORKERS UNION LABOUR WELFARE SOCIETY vs Messrs UNITED WOOLLEN MILLS LTD.

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss.11, 25-A, 32(1-A), 33 & 33-A--Filing of grievance petition by Collective Bargaining Agent--Collective Bargaining Agent has no right to file a grievance petition under S.25-A which related to individual grievance of a workman-­Workmen had filed their joint grievance petition under S.25-A--Such grievance petition, helms could not be said to have been filed by Collective Bargaining Agent who could only file application for settlement of industrial dispute under Ss.34, 34-A or 32(1-A) of Industrial Relations Ordinance, 1969. 1988 P L C 564 and Nazeer Ahmad and another v. Presiding Officer and 5 others 1986 P L C 1052 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss.11-A & 25-A--Grievance petition--Individual worker--Individual worker, held, could not be debarred from filing petition under S.25-A, only because the Collective Bargaining Agent had contested the application of Management under Standing Order 11-A--Individual worker had got a right to agitate matters before Labour Court under S.25-A, Industrial Relations Ordinance, 1969 even after permission was granted by Labour Court to close down establishment. (c) Industrial Relations Ordinance (XXIII of 1969)--- ---Ss.11-A & 25-A--Retrenchment--Closure of establishment--Contention of retrenched employee that even after permission by Labour Court to close down factory, same was not being closed and management continued to get work through other workers--Contention being a question of fact, held, could be decided by Labour Court after giving opportunity to both parties to cross-­examine each other's witnesses and to produce evidence, if any. Date of hearing: 10th April, 1990. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No.I1I at Karachi, dated 10-12-1988, whereby he dismissed the grievance petition, jointly filed by several workmen through their Collective Bargaining Agent. 2. I have heard Mr.Ali Amjad, learned Advocate for the appellants and Syed Zamirul Hassan, learned Representative for the respondents and have also gone through the record and proceedings of the case. 3. The…
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