Law:

Section:

(a) Industrial dispute--- ----- Termination of services---Employer had got ample powers to re-organise his trade and establishment and terminate services of such workers whose services had become redundant or surplus due to such re-organisation provided action of employer in re-organisation and retrenchment was bona fide. Zeal Pak Cement Factory Ltd., Hyderabad v. Chairman, West Pakistan Industrial Court and others 1965 PLC 216; Messrs EMESCO Industries Ltd. v. S.Irfan Ahmed and another 1983 PLC 981; Muhammad Seraj-ud-Din v. Labour Appellate Tribunal and another 1983 PLC 1286; Sooft Muhammad Aslam v. Messrs M. Iftikhar & Company Ltd. 1985 PLC 959; Lyallpur Cotton Mills v. Punjab Labour Appellate Tribunal and others 1991 PLC 32; Tata Oil Mills Co. Ltd. v. Their Workmen 1963 PLC 1002; Mushtaq Ahmed v. Mrs. Mumtaz Zohra Rizvi PLD 1978 Kar. 188; Fakhruddin v. Syed Asadullah Shah PLD 1982 Kar. 790 and Federation of Pakistan v. Saced Ahmed PLD 1974 SC 151 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 39---Settlement, applicability of---Under agreements arrived at between employers and Collective Bargaining Agent (C.B.A.) in establishment, certain benefits were given to permanent workers, but under heading `Applicability of Agreement' canteen workers and certain other categories of workers were excluded from getting those benefit irrespective of their length of service--­Under S. 39(1)(a) such agreement being binding on all panic,. and Collective Bargaining Agent (C.B.A.) being one of parties, settlements were binding on employer and were; applicable to al! workers working in establishment--­Employers in circumstances were legally bound to getting those benefits agreed to under Settlement to all permanent workers including employees who though were canteen workers but admittedly were permanent workmen. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Preamble & Ss. 2(xxvi) & 39---Trade Union---Objects and functions of---Purpose and spirit behind establishment of Trade Unions was that Unions were to negotiate and obtain better terms of employment for workmen---In case Union gives up certain rights with respect to workmen, which…

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