GHULAM NABI AND ANOTHER vs MESSRS NAWAB INDUSTRIES, SUKKUR — 1972 PLC 416

Citation: 1972 PLC 416

Court: Labour Court

Year: 1971

Decision Date: 1971-11-30

Parties: GHULAM NABI AND ANOTHER vs MESSRS NAWAB INDUSTRIES, SUKKUR

Headnotes

Case cited as 1972 PLC 416

Judgment Text

Court Name: Labour Court Judge(s): Hidayat Hussain Title: GHULAM NABI AND ANOTHER vs MESSRS NAWAB INDUSTRIES, SUKKUR Case No.: Applications Nos. 22 and 23 of 1971 Date of Judgment:1971-11-30 Reported As: 1972 PLC 416 Result: N/A Judgment AWARD Applicants Ghulam Nabi and Ahmad Khan were in the employment of the respondents Nawab Industries Sukkur. Applicant Ghulam Nabi was retrenched on 19th August 1970. And applicant Ahmed Khan on 20th August 1970. According to the applicants the termination of their services on the ground of retrenchment was taken up in the strike notice by the Union. Subsequently another Union came into existence and in the referendum held on 6th January 1971, the rival Union came out successful. The Union of the applicant there--fore, could not pursue the cases of the applicants and hence they filed these to applications under section 34 of I. R. O., 1969. Both the parties have led evidence. Mr. Mahmood Abdul Ghani for the respondents has raised following objections to the maintainability of the application--- (a) The applicants were removed from service in the month of August 1970, and at that the individual worker could not come under section 34 of I. R. O., 1969, hence these applications are not maintainable. (b) The procedure prescribed in section 18 of the West Pakistan Industrial Commercial Employment (Standing Orders) Ordinance, 1968 has not been complied with and hence these applications cannot be maintained. (c) The applications are highly…

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