Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-------Ss. 38(3-a) & 51---Revision---Maintainability---Revision - against order passed under S.51, Industrial Relations Ordinance, 1969 was maintainable: PLJ 1979 Kar. 212 ref. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. Os. I 1-A, 12 & 14---Closure of establishment---If whole establishment was closed down, employer was not under obligation to reinstate any employee or give him any benefit. 1993 PLC 308 ref. A. De Cruz for Appellant. Gulzar Ahmed for Respondents. Date of hearing: 8th November, 2000. DECISION This is a Revision Application filed by Qalander Khan against the order, dated 23-9-1999 whereby Sindh Labour Court No.V, Karachi dismissed his application under section 51, I. R.O. for recovery of Rs.9,87,840. The factual background of this case briefly stated is that the applicant was employee of the respondents (M/s. Union Cold Storage CO. Ltd.) which was closed down as far back as 5-2-1983 with permission of the Labour Court under Standing Orders Ordinance, 1968 and as a result of such closure of the Establishment the services of all the employees including the applicant were terminated and they were paid their dues, the applicant getting Rs.37,000 as full and final payment. Excepting the applicant no other workman agitated any claim against the respondents particularly because the Establishment not being in existence the question of reinstatement of any workman did not arise and further no funds being available for any such Establishment, the question of payment of any claim of any such workman also did not arise. 2. It is noteworthy that the applicant tiled grievance petition in 1990 i.e., after about 7 years of the closure of the Establishment by order of Labour Court, dated 5-2-1983. Again the order of applicant's reinstatement was passed by the Labour Court No.III, on 30-9-1993 which was more or less ex parte order because the persons concerned with the closed Establishment not being available could not be served. Had they been available, they would have surely contested the applicant's case, and since it was decided in the…

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