1972 PLP 319 (PLC)

HIDAYAT HUSAIN (CHAIRMAN).‑This Court decided two applications Nos. 131/70 and 122/70 under section 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, through its order dated 9th November 1971. Management was absent on 7th September 1971. Even as they were allowed one more chance and the matter was called upon 9th November 1971. On that date also the respondents were absent. The Court took into consideration the application filed by the workers and the reply statement of the Management and passed the orders. Through this application Mr. Shaikh Abdul Aziz wants me to set aide that order on the following grounds :‑ (a) The respondents put up appearance soon after the order was passed. (b) The workers will not be prejudiced in any manner if the order is set aside. Mr. Muhammad Shafiq Qureshi for the workers replies as follows:‑ (a) The respondent Management was absent on the previous date also and there is nothing to explain that absence. They did not appear on the next date of hearing also until tile orders had been passed. (b) In the reply statement the respondents gave reason which according to them were sufficient for not retrenching the workers who were junior to applicant workers and this amounts to admission and the order is based on the admission. Mr. Shaukatali A. Nanji the learned Member of this Court has pointed out that the workers have not said in their applica tions that the workers who were retained belonged to the same category. In my opinion if a worker cones to this Court complaining that workers junior to him have been retained in service, and prays for his re‑instatement, it by implication means that he is questioning the retention of these workers in the same category. I have pointed out in my order dated 9th November 1971 that the applicants felt that they had good reasons for retaining Muhammad Aslam, Shamshad Ali, Ladin Niam, Kala Khan, Muhammad Shifiq, Allah Bakhsh and Muhammad Shafi who were junior to the two applicant workers. They did not state in their reply statement that the two applicant workers and above‑named two workers were not of the same category. The contention of Mr. Muhammad Shafiq Qureshi that it amount to admission on the part of the Management is correct. Again the Management remained absent on 7th September 1971. There is nothing to explain the absence. They were not present when the order was announced on 9th November 1971. There is nothing to show that the Management had any reason for not appearing in the Court on two hearings. There is no ground for setting aside my order dated 9th November 1971. These applications are rejected.