Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.2(f)(ii)---"Industrial establishment"---Meaning---Plea raised by employer was that Fauji Sugar Mills being a charitable organization, did not fall within the definition of "industry"---Validity---Factory was included in an industrial establishment---Fauji Sugar Mills was a factory, where workmen were employed, therefore, under S.2(f)(ii) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, its status was that of an "industrial establishment". (b) Industrial Relations Ordinance (XCI of 2002)--- ----Ss.1 (4), second proviso & 46---Grievance petition---Maintainability---Plea raised by employer was that Fauji Sugar Mills being an organization connected with Armed Forces, did not fall within the purview of provisions of Industrial Relations Ordinance, 2002, therefore, grievance petitions were not maintainable---Validity---Bare reading of second proviso to S.1 (4) of Industrial Relations Ordinance, 2002, showed that provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, did not apply to industrial or commercial establishment carried by or under the authority of Federal or Provincial Government, where statutory rules of service etc. were enforced---Appellant establishment was not carried on by or under the authority of Federal or Provincial Government and there were no statutory rules of service, therefore, provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, were applicable to the establishment---Grievance petitions were maintainable before Labour Court in 'circumstances. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.14---Retrenched employee---Re-employment---Principles---Right has been conferred upon a retrenched employee for re-employment if any retrenchment is effected within a period of one year---Such right of re-employment is in accordance with the length of service under the employer---Words used by legislature are "shall be given preference" which make the provision…

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