Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 12 & 15---Termination of service---Restrictions on employer--­Certain restrictions have been placed under S.O. 12 on employers regarding termination of services of workmen employed in their establishment and manner for termination of employment has also been laid down in the. Standing Orders---Services of permanent or temporary workmen would not be terminated on ground of misconduct otherwise than in manner prescribed in S.O. 15 which related to punishment which could be given to workman and which also defined misconduct. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 8-A & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.8, S.Os. 12 & 15---Termination of service---Employer establishment by Notification issued by Government under S. 8 of Ordinance VI of 1968, was exempted from provisions of Standing Orders 12 & 15 for a period of 6 months---Employer prior to expiry of exemption period of 6 months terminated services of employees---On dates services of employees were terminated, employees formed a trade union and made an application to Joint Labour Directorate for registration of Union and employees, whose services were terminated were named as Vice-President and General Secretary of that Union---Labour Court affirmed order of employer terminating services of employees holding that employer empowered under Notification could terminate services of employees, but Appellate Tribunal in appeal filed by employees, set aside order of Labour Court holding that employer had contravened S. 8-A of Ordinance XXIII of 1969 and that termination of services of employees was mala fide as employer knew of formation of Union of which employees were office-bearers of Union--­Employees were terminated during pendency of application for registration of a trade union of which employees whose services were terminated, were named as office-bearers---Held, although at the time services of employees were terminated, employer no doubt was enjoying exemption from application of S.Os. 12 & 15 of…

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