Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---Ss. 2(viii)(a) & 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.11-A---Payment of Wages Act (IV of 1936), S.15---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.19---Closure of Mills by owners without permission of Authority---Workers' claim for dues, pendency of---Purchase of such Mills by respondent-Company in open auction in execution of decree passed by Banking Court in recovery suit against such Mills---Non-acceptance of claim of. workers of such Mills by respondent-company---Grievance petition by workers of such Mills against respondent-company---Validity---Managements of such Mills and that of respondent-company were entirely different---Respondent-company had purchased such Mills in open auction free from all liabilities, claims, encumbrances and charges---Respondent-company, by purchasing such Mills had in actual effect taken a new birth---Respondent-company, after purchase, had not taken upon itself obligation to pay dues to workers of such Mills---Respondent-company could not be assumed to be successor of such Mills, and thus, it was not legally obliged to pay dues to workers of such Mills---Grievance petition was dismissed in circumstances. JUDGMENT GHULAM RABBANI, J.---The above petitions involve common questions of facts and law and arise out of a common judgment dated 23-2-2007 passed by learned Single Judge of High Court of Sindh, Circuit Bench Hyderabad, whereby Labour Appeals preferred against the order dated 8-3-2006 of Labour Court No.VI, Hyderabad, were rejected. The same are, therefore, disposed of by this single judgment. 2. Relevant facts are that the petitioners were permanent workers of Messrs Silver Cotton Mills Ltd. which was closed by its owners allegedly, without permission required within terms of section 11-A of Standing Order Ordinance, 1968. Petitioners had filed applications before the Authority under Payment of Wages Act for recovery of dues which were allowed; however, before the recovery could be effected, the above said Mill was taken over by the Official Assignee in pursuance of execution…

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