2000 PLP 686 (PLC)

‑‑‑‑S.O. 11‑A‑‑‑Industrial‑ Relations Ordinance (XXIII of 1969), Ss.10 & 38(3‑a)‑‑‑Closing of factory‑‑‑Cancellation of registration of Trade Union‑‑ Agreement was arrived at between Collective Bargaining Agent and employer to close down the factory and to bring an end to the business activity and for termination of services of employees in manner of Golden Shake Hand Scheme or resignations being tendered by employees voluntarily, on receiving their dues in full and final payment thereof‑‑‑. Employee who had not only voluntarily tendered his resignation on getting all his outstanding dues, but was also not an office‑bearer of Trade Union and had no locus standi to participate in the proceedings and impleaded as party‑‑‑Complications would crop up and proceedings for closure of factory would be prolonged unnecessarily if such employee, who had no locus standi, was permitted to become a party in proceedings‑‑‑Order impleading respondent as party was set aside by Labour Appellate Tribunal holding that matter would proceed and be carried to conclusion without impleading said employee. Syed Safdar Imam Bokhari for Petitioner. M. Arif Raique Sindhu for Respondent. Under section 11‑A, West Pakistan Industrial and Commercial employment (Standing Orders) Ordinance, 1968, a prayer has been made by the management of the‑concern, Sh. Fazal Rehman & Sons Limited, Multan, seeking permission of the learned Labour Court to close down the concern. In the course of the proceedings, Mr. Shabbir Ahmad Butt, claiming to be the Chairman of the Employees' Union (CBA), has sought his impleadment is a party to the proceedings, and his request has been acceded to by the learned Court below, vide order dated 30‑11‑1998, validity of which order has been called in question by way of the present revision petition, having been preferred by the concern against Shabbir Ahmad Butt.

2. On record has been placed copy of an order dated 8‑5‑1997 passed by the Registrar, Trade Unions, Multan Region, cancelling registration of the Employees' Union, earlier operating in the set‑up. On 1‑8‑1996 and then on 10‑‑10‑1996, proposals were put up by the Chief Executive and the representatives of the employers, on arriving at an agreement with the office‑bearers of the CBA, for bringing an end to the business activity and for termination of the services of the employees, in the manner of Golden Shake Hand Scheme, or resignations being tendered by the employees voluntarily, on receiving their dues as full and final payment thereof.

3. Shabbir Ahmed Butt, however, jumped in the field, in an effort to resist and contest the process of closure of the factory. Attention of the Court has been drawn to the fact that this person had voluntarily tendered his resignation on getting all the outstanding dues on 12‑10‑1996; and even otherwise he was not one of the office‑bearers, list of whom finds mention in the letter dated 22‑7‑1996, addressed by the Registrar Trade Unions to the General Secretary of the Employees' Union. Shabbir Ahmad Butt's name figured nowhere, and to say, as has been observed by the learned lower Court, that he was the Chairman of Union, at the relevant time, would be sheer travesty of the fact.

4. Complications would crop up and the proceedings for closure of the concern or the factory would be prolonged unnecessarily, if this person, without having a locus standi, is permitted to become a party. I would, as such, undo and rescind the impugned order dated 30‑11‑1998. Without his impleadment, the matter would proceed before the learned Court below and be carried to conclusion, at an early date. There shall be no order as to costs. The record, if requisitioned, shall be sent back, without delay. H.B.T./15/P (Lab. Trib.) Order accordingly.