Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O.11 A Closure of establishment Permission for Duty of Labour Court For giving permission under S.O. 11 A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for closure of establishment Labour Court had been invested with discretion which it had to exercise justly, fairly and honestly and not arbitrarily or capricious While exercising said discretion, Court had to make sure that closure of establishment was sought not with bad motive or mala fide intention. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 11 A Industrial Relations Ordinance (XXIII of 1969), S.38(3 a) Closure of establishment -Management filed application under S..O.11 A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 for closure of factory on account of financial losses Pending said application an agreement was arrived at between the Management and Collective Bargaining Agent whereby employees agreed to resign after getting agreed benefits and majority of the employees on getting said benefits, submitted their individual resignations Collective Bargaining Agent and Management submitted joint consent application in Labour Court for permission to close down factory in terms of agreement, but said application was dismissed by the Labour Court Validity Set up of Collective Bargaining Agent which had executed agreement with management having been changed during that period, new set up had taken over which was not party to the agreement arrived at between previous set up and management New set up of Collective Bargaining Agent having certain reservations about agreement arrived at between previous set up and management, Labour Court should have taken decision on application for closing of factory after providing opportunity of hearing to new set up and adducing evidence in that respect Case was remanded to be decided on merits after hearing parties. 1986 PLC 1052 ref. Mehmood A. Ghani for Applicant No. 1,Nishat Warsi for Applicant No.2, M.A.K. Azmati for the Intervenor,Ch.…

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