Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os.l1-A & 12---Termination of services---Grievance petition---Appeal--- Services of appellants having been terminated by gate-stop, they filed their grievance petitions against their termination praying for their reinstatement in service---Management took the plea that contractors who were working at Unit No.1 where appellant used to work, had left the Mill abruptly without any notice to the Management as such no work was available to be done by the appellants---Services of other workers were either terminated or on their own option they were shifted to other units---Labour Court having dismissed grievance petitions filed by appellants they had filed appeal---Affidavit submitted by Factory Manager as witness of management, neither had disclosed the' names of the contractors who allegedly had left the Mill, nor the nature of work being done by them; nor the explicit circumstances, under which services of appellants lost their utility and were rendered redundant, whereby employer was constrained to terminate their services were explained---Said witness admitted in his cross-examination that employer had not obtained any permission from the court for closure of the mill---Contention of closure of factory was devoid of force and absolutely unacceptable for the simple reason that employer was prohibited by the law from closing down whole of the Establishment except in case of eventualities specified under Standing Order 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Closure of establishment and termination of workers on that account being in flagrant violation of law, was patently illegal---Labour Court had committed grave error of law as it neither considered, nor disclosed that aspect of the case and rendered an infirm and invalid decision, which could .hardly be sustained---Appeals were accepted and orders passed by the Labour Court were set aside---Appellants were directed to be reinstated in service with back benefits. Mrs. Sarwar Jehan for…

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