Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.13---Grievance petition---Employee serving as helper in employers' company was removed from service vide retrenchment order on ground that employers had decided to, re-organize their operations and retrench workers surplus to their requirement because their company was facing financial losses due to lack of demand of their products---Out of 11 workers including employee, who were retrenched, 10 workers accepted their termination order and collected their dues and their termination was neither stated to be mala fide nor on account of any trade union activities---Employers by producing Annual reports in respect of relevant years had shown that their company had suffered financial loss during said period and that fact was supported by statement of Admin. Officer of Company who in his cross-examination admitted that company had suffered a loss due to certain re-organization---Statement of said officer of company and documents filed by him had supported plea of company about suffering of financial. loss---Number of workers was also reduced from 170 to 70, which fact by itself was enough to prove that workers in large numbers were unnecessary/surplus, whereas amount spent towards improvement of establishment and that too by obtaining loan from Bank, could not convert loss into profit nor it could be considered unnecessary expenditure---Employee had not challenged the plea of company about his being among the junior most workers who had been removed from service through retrenchment---Removal of employee, in circumstances could not be termed to be in violation of provisions of S.O.13 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Order of removal of employee was not open to any interference. Abdul Ghani for Appellant. Sundar Das for Respondent. Date of hearing: 22nd November, 2005. JUDGMENT MUHAMMAD NADIR KHAN, J---This appeal under section 48 (3) real with section 48 of Industrial Relations Ordinance, 2002 (hereinafter referred to as the I.R.O.) is directed against…

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