Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-----S.O.11-A---Industrial Relations , Ordinance (XXIII of 1969), Ss. 34 & 37(3)---Closing of establishment---Establishment had to be closed by management on account of huge losses suffered by it---Collective Bargaining Agent challenged said closure firstly on the ground that establishment was closed without obtaining prior permission of Labour Court and secondly that the closure was mala fide as establishment had earned a lot---Management had sufficiently proved that establishment had suffered a huge loss and that every effort had been made to rectify the same which had proved wholly futile and that management was left with no other alternative, but to close down the establishment---Collective Bargaining Agent was given number of opportunities to prove that establishment was not running in loss and that action of management was mala fide, but it failed to prove the same--­Standing Order 11-A - of West Pakistan Industrial and Commercial Employment . (Standing Orders) Ordinance, 1968 did not spell out any sequence of various steps to be taken towards closure of establishment and move to be made to Labour Court for necessary permission need not be the first step in the process as same could well be the last one---Application of Labour Court for closure of establishment could be made at any time or at any stage of proceedings and management was not duty bound to wait till further orders were passed towards direction of closure---Essence of process was bona fide intention of management which had fully been proved--­Establishment was rightly closed by Management in circumstances. 1975 SCMR 49; 1983 PLC 502 and 1998 PLC 27 ref. Muhammad Yousaf, President for Appellant. Arif Rafique for Respondent. JUDGMENT By a judgment, dated 14-12-1998, Mr. Shaukat Nawaz Goraya, Presiding Officer, Punjab Labour Court No.3, Lahore, at Ferozewala, disposed of the three petitions, two having been filed by the establishment and one by the Labour Union of the Orient Match Factory Shahdra, Lahore; and the present appeal has been preferred by the Labour Union, claiming to be the C.B.A. 2. The…

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