Case Details

Citation(s)
2010 SLG 2741 2010 SLD 2741 2010 SCMR 850
Supreme Court of Pakistan
Civil Petitions Nos.790 to 793 and 796 of 2008, decision dated: 6-08-2009
JAVED IQBAL AND SAYED ZAHID HUSSAIN, JJ

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MAP RICE MILLS (PVT.) LIMITED

VS

. SHAKEEL AHMED and others

Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S. 12(3)---Industrial Relations Ordinance (XCI of 2002), S.46---Constitution of Pakistan (1973), Art.185(3)---Termination from service---Verbal orders---New owners of industrial concern in question, on verbal orders,. terminated employees already working---Employees served grievance notice and assailed their termination orders---Labour Court set aside their termination orders and reinstated the employees in service with back-benefits---Judgment passed by Labour Court was maintained by High Court---Validity---No allegation whatsoever was alleged against employees and no evidence could be led to substantiate that employers had no concern with liabilities---Employees were terminated verbally and such order had no legal effect because it would be in violation of relevant provisions as envisaged in S.12 (3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and not in consonance with settled law---No illegality or irregularity could be pointed out either in of Labour Court or of High Court---Entire evidence which had come on record was appreciated in accordance with law and settled norms of justice by Labour Court, determination whereof had been upheld by High Court---Supreme Court declined to interfere in the passed by High Court---Leave to appeal was refused. Muhammad Yousaf Khan Khattak v. S.M. Ayub PLD 1973 SC 160; Fida Muhammad v. Muhammad Khan PLD 1985 SC 341 and Neimat Ali Goraya v. Jaffar Abbas, Inspector/Sergeant Traffic 1996 SCMR 826 rel. Raja Muhammad Bashir, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner (in all cases). Abdul Rashid Awan, Advocate Supreme Court for Respondent No.1. Nemo for Respondent No.2 (in all case). Date of hearing: 6th August, 2009. JUDGMENT JAVED IQBAL, J.--- The above captioned petitions for leave to appeal have been filed against judgment dated 7-5-2008 passed by learned single Judge of Lahore High Court Lahore in chambers whereby the appeal preferred on behalf of petitioner against the order dated 25-2-2008 passed by learned Presiding Officer, Punjab Labour…
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