Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)---Grievance petition ---Adjudication---Evidence---Evalua­tion---Where two versions are possible on equally balanced evidence, Labour Court or Appellate Tribunal should draw inference in favour of workman. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)---Termination of service---Legal dues deposited in Bank in account of workman---Such deposit not properly proved---Effect---All dues like salary etc. admittedly by authorised practice used to be deposited with bank in the account of respective workmen ---Averment of employer not properly disproved by workman by producing his statement of account or any positive proof to show that amount of dues was not deposited in his account or he had not withdrawn same---Held: It could at the most be said that for this reason alone petitioner workman could not be debarred from pursuing his grievance petition. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os. 12(3) & 13---Retrenchment---Victimisation---Services terminated with explicit reasons in writing and with one month's pay in lieu of notice and payment of all dues---Airlines Establishment admittedly facing decrease in flights from 27 to 17, handing over its business on contract to another firm in order to avoid expected loss in maintaining its own employees---Process involving reorganisation and 46 out of 93 employees working at Airport terminated out of whom 7 challenging termination order on plea of victimisation on account of union activities---Figures of retrenchment not indicative of any mala fides or victimisation---Plea of victimisation repelled---Victimisation has to be specifically proved and mere fact that one out of 7 workmen was office-bearer of trade union would not raise any presumption of victimisation. Messrs Emesco Industries Ltd. v. S. Irfan Ahmed 1983 P L C 981 and Zeal Pak. Cement Factory Ltd. v. Chairman West Pakistan Industrial Court Lahore 1965 P L C 216 rel. (d) Words and phrases-- ---"Re-organisation"---Means act or process of organizing again or anew. Black's Law Dictionary rel. (e)…

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