1971 PLP 450 (PLC)
FAIZUL KABIR CHOUDHURY Versus SIEMENS (PAKISTAN,) ENGINEERING Co., LTD., KARACHI AND ANOTHER
| Citation | 1971 PLP 450 (PLC) |
| Forum / Court | East Pakistan‑Labour Court |
| Bench Members | Md. Nurul Islam Khan, Chairman |
| Parties | FAIZUL KABIR CHOUDHURY Versus SIEMENS (PAKISTAN,) ENGINEERING Co., LTD., KARACHI AND ANOTHER |
| Primary Law | East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965) |
Q1: What are the key laws and sections cited in 1971 PLP 450 (PLC)?
This judgment primarily cites: East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1971 PLP 450 (PLC)?
The case was heard and decided by the East Pakistan‑Labour Court bench comprising: Md. Nurul Islam Khan, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1971 PLP 450 (PLC) (FAIZUL KABIR CHOUDHURY Versus SIEMENS (PAKISTAN,) ENGINEERING Co., LTD., KARACHI AND ANOTHER). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 13, 19(1) & 25(1)(6)‑Retrenchment‑Worker entitled to re‑instatement if fresh recruitment made‑Retrench ment of permanent workman due to shrinkage and closing of busi ness‑No fresh recruitment made ‑ Workman, in circumstances, held, entitled to termination benefits under S. 19(1).
Judgment & Decree
The second party entered into appearance and filed a written statement in which they stated that due to shrinkage of business, the company had to retrench their employees and a factory was closed. But it was reopened only for a settlement of a dispute at the intervention of the Martial Law Authority. It was further stated that Mr. W. Mamun was also retrenched and there was no office at Chittagong, The said Mr. W. Mamun was engaged for starting an office at Chittagong. Both parties acceded to the jurisdiction of this Court that the second party had their establishment only at the Dacca city. Points for determination: (1) Whether the first party was illegally dismissed as claimed by the first party? (2) What relief, if any, is the first party entitled to? Points 1 and 2.‑Both the points are taken up together fog decision for the sake of convenient discussion. At the time of hearing of the case the second party agreed to give full termination benefits to the first party as they have no establishment at Chittagong and that there was some irregularity in the retrenchment. Mr. W. Mamun who was the last may should have been retrenched first if it was a case of retrenchment at all. Now that Mr. Mamun and the first party are both out of employment by way of retrenchment, the question need not be raised. Now in facet, if" the first party had worked for these 3 months, he could have been retrenched and the date Mr. Mamun had been retrenched that is, 15‑11‑
70. The company boldly asserts that they have not taken any employee after the first party had been retrenched. They further state that the opening of the factory alt Karachi is only formal. The second party is bound by the provisions of section 13 of the Act if they have to take any person in their employment. The first party is entitled to re‑instatement if there is any fresh recruitment. This being the position, the first party can prefer an application in such circumstances. In the result, as the second party has agreed to give full termination benefits to the first party, the first party gets the termination benefits since no new employment has been made in the second party's establishment after these two persons have been retrenched. The application is allowed on contest and the first party is allowed full termination benefits as per provisions of section 19(1) of the Act and as agreed by the second party in Court. The amount shall be calculated and deposited in Court by the second party in favour of the first party within 30 days of passing this, order. The written opinion 6f the members has been considered while arriving at this decision.