Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.12---Removal from service---Grievance petition---Appeal to High Court---Grievance petitions filed by appellants against orders of their removal from services were dismissed by Labour Court holding that relationship of employees and employers did not exist between the parties---Claim of appellants was that they were employed on permanent basis in the company and were there since last many years---Appellants had alleged that they had been removed from service without service of any written order or notice and without any opportunity of hearing and that formation of Trade Union by them was the main cause of annoyance of employers---Employers had pleaded that appellants were not employed by them, but were engaged by an independent contractor who was given some work on contract basis by the company as a measure of re-organization---Validity---Employer's own witness had admitted in cross-examination that appellants were employees of the company, but through contractor and that their attendance register contained signatures of Personnel Manager of the company---In view of such admission of witness, there was no room for doubt that appellants were employees of the company and their termination was illegal and they were removed for malicious reason-Judgment passed by Labour Court was set aside by the High Court with direction to reinstate appellants with back benefits as they had proved that they remained jobless during period of their removal from service. Dawood Cotton Mills' case 2004 PLC 348 and Fauji Fertilizer Company Limited v. Sindh Labour Appellate Tribunal and others 2005 PLC 466 ref. Shahenshah Hussain for Appellants. Shahid Anwar Bajwa for Respondent. Date of hearing: 6th September, 2006. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.---Since all the appeals arise out of common order those are being disposed of by single judgment. 2. Through these appeals the appellants have challenged order, dated 28-4-2005 whereby the grievance petitions filed by the petitioners were dismissed by Labour Court No.III,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492