| Citation(s) |
|---|
| 2001 SLG 1594 2001 SLD 1594 2001 PLC 211 |
Labour Appellate Tribunal, Sindh
Appeal No.KAR 10 of 1999, decision dated: 4-10-2000, hearing DATE : 26-09-2000
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal No.KAR 10 of 1999, decision dated: 4-10-2000, hearing DATE : 26-09-2000
MUNAWAR ALI KHAN, CHAIRMAN
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TAJIM KHAN
VS
Messrs DARBAR SOAP WORKS (PVT.) LIMITED
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.Os. 11 A & 12 Closure of establishment Termination of service of employees Services of employees were terminated on ground of closing down of workshop where employees were working Employees having failed to prove that closing down of workshop was uncalled for, order terminating services of employees did not suffer from any defect or illegality. DECISION The facts leading to this case briefly stated are as follows. The appellant Tajim Khan was employed as fitter/turner in the Workshop of M/s. Darbar Soap Works (Pvt.) Limited, the respondents ' in this case since 12 9 1990. He was removed from service on 28 10 1993 by oral order but somehow he was reinstated in service in consequence of the Court's order. According to the appellant's version, subsequent to his reinstatement he became member of the Darbar Soap Workers Union and was also elected as its General Secretary. His election caused annoyance to the respondents' Management which time and again issued to him unfounded charge sheets. Having failed in such efforts, the respondents' Management ultimately got rid of him alongwith 7 other Workers on the false pretext of closing down the Workshop vide letter dated 28 2 1998. The said letter further shows that for the purpose of reorganization new workers had been engaged through Contractor. Though the other workers who were ousted from service alongwith appellant did not pursue the matter of their reinstatement nor they went to Court, yet the appellant did not remain silent. As a first step he sent grievance notice to the Management by Registered Post. The Management's reply to the said notice was quite unsatisfactory (vide reply dated 6 6 1998) and, therefore, the appellant filed grievance petition dated 13 7 1998 which was dismissed vide order, dated 24th December, 1998 of Third Sindh Labour Court Karachi. 2. In the reply statement filed on behalf of the respondents' Management, they denied the allegations made by the appellant. The stand taken by them was that applicant's services were terminated alongwith services of other persons on account of constant adverse…
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