Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 11-A---Closure of establishment---Seniority list of workers on record showed total number of workers working in the factory as 50 out of which 24 were retrenched by owners of factory who had applied for closure of factory-­Provisions of S.O.11-A of Ordinance had not been violated as less than 50% of workers had been retrenched. (b) Mala fides--- ---- Allegation of mala fides had to be specifically asserted and proved by party making such allegation. (c) Industrial dispute--- ---- Termination of service---Rule of "first come last go", violation of---Effect--­Services of less than 50% workers were retrenched by employers who had applied to close their factory which allegedly was running in loss--­Retrenchment of workers having not been made strictly on principle of "first come last go" orders terminating services of workers were not tenable. Raja Shamsuzzaman for Appellant. Date of hearing: 5th August, 1991. DECISION This appeal is directed against the order of the learned Presiding Officer, Sindh Labour Court No. III at Karachi dated 8th January, 1991 whereby the joint grievance petition filed. by the appellants was dismissed. 2. I have heard Mr. Raja Shamsuzzaman for the appellants. Respondents are called absent and ex parte though served. 3. The brief facts appear to be that the appellants were admittedly workmen working with the respondents. The respondents owners purchased the factory on 3rd March, 1988 from the previous owners with a huge loan about 2-1/2 crores of rupees against the factory/respondents. The respondent factory used to assemble the T.V. Sets. The contention of the appellant is that the transaction of purchase of the factory by the respondents owners was mala fide as without doing or attempting to do any assembling work, they retrenched the present appellants on 15-2-1990 and then applied for the closure of the factory under section 11-A of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 on 20th June, 1990. The appellants aggrieved by the order of their termination from service, filed grievance…

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