FAIZUL KABIR CHOUDHURY vs SIEMENS (PAKISTAN,) ENGINEERING Co., LTD., — 1971 PLC 450

Citation: 1971 PLC 450

Court: Labour Court

Year: 1970

Decision Date: 1970-12-08

Parties: FAIZUL KABIR CHOUDHURY vs SIEMENS (PAKISTAN,) ENGINEERING Co., LTD., KARACHI AND ANOTHER

Headnotes

Case cited as 1971 PLC 450

Judgment Text

Court Name: Labour Court Judge(s): Nurul Islam Khan Title:FAIZUL KABIR CHOUDHURY vs SIEMENS (PAKISTAN,) ENGINEERING Co., LTD., KARACHI AND ANOTHER Case No.: Complaint Case No. 589 of 1970 Date of Judgment:1970-12-08 Reported As: 1971 PLC 450 Result: application is allowed Judgment ORDER This is an application under section 25(1) (b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, hereinafter referred to as the Act, with a prayer for re-instatement to his former post with back wages. The case of the first party is that he was working as an Office Assistant for last 6 years and lastly drawing Rs. 603.00 per month inclusive of allowances. His services were illegally dispensed with on 13-8-70. The second party gave the plea that due to shrinkage of business mainly on account of a closure of a factory of theirs located in Karachi, they had to retrench the staff. He was not given retrenchment benefit as per law and was asked to collect the same. As against this the first party filed a grievance petition disputing the fact of shrinkage of business and closure of factory and pleaded that one W. Mamun who was 4 years' junior to him was retained in service which was not in accordance with the principle of retrenchment. Hence the retrenchment was sham and false and that he being the senior employee should be retained in his post. The second party entered into appearance and filed a written statement in which they stated that due to shrinkage of business, the…

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