1998 PLP 27 (PLC)
ZEAL PAK CEMENT FACTORY LTD., TANDO MUHAMMAD KHAN ROAD Versus ZEAL PAK CEMENT FACTORY EMPLOYEES UNION
| Citation | 1998 PLP 27 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sindh |
| Bench Members | Mushtak Ali Kazi, Appellate Tribunal |
| Parties | ZEAL PAK CEMENT FACTORY LTD., TANDO MUHAMMAD KHAN ROAD Versus ZEAL PAK CEMENT FACTORY EMPLOYEES UNION |
| Primary Law | West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) |
Q1: What are the key laws and sections cited in 1998 PLP 27 (PLC)?
This judgment primarily cites: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 27 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sindh bench comprising: Mushtak Ali Kazi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 27 (PLC) (ZEAL PAK CEMENT FACTORY LTD., TANDO MUHAMMAD KHAN ROAD Versus ZEAL PAK CEMENT FACTORY EMPLOYEES UNION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 10th December, 1996
Headnotes / Summary
S.O. 11-A
Application for closing of establishment
Transfer of-- Transfer of application filed under S. O. 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had been sought by employer from Labour Court at place ' H' to Labour Court at place ' K' contending that they wanted to terminate their employees and that they could not do so without permission of Labour Court, but at present no Labour Court was functioning at place ' H'
Once application was made under S.O. 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the process of termination could commence and the employer was not required to wait till the final orders were passed for permission to termination or to close the establishment-- Since no urgency was found in case of employer and appointment of Presiding Officer at place ' H' was likely to be made very soon, transfer application filed by employers was dismissed as being premature. Mehmood A. Ghani for Applicant.
Judgment & Decree
Application No. HYD-530 of 1996, decided on 10th December, 1996. West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
S.O. 11-A
Application for closing of establishment
Transfer of-- Transfer of application filed under S. O. 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had been sought by employer from Labour Court at place ' H' to Labour Court at place ' K' contending that they wanted to terminate their employees and that they could not do so without permission of Labour Court, but at present no Labour Court was functioning at place ' H'
Once application was made under S.O. 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, the process of termination could commence and the employer was not required to wait till the final orders were passed for permission to termination or to close the establishment-- Since no urgency was found in case of employer and appointment of Presiding Officer at place ' H' was likely to be made very soon, transfer application filed by employers was dismissed as being premature. Mehmood A. Ghani for Applicant. Date of hearing: 10th December, 1996 This transfer application on behalf of Zeal Pak, Hyderabad for transfer of the application under section 11-A of the Standing Orders Ordinance, 1968 as they want to terminate their employees and that they cannot do so without permission of the Labour Court and there is no Labour Court functioning at Hyderabad but there is no such difficulty, as a link Judge has been nominated at Karachi till the posting of the Judge at Labour Court, Hyderabad. The filing etc. can be done and formal orders can be taken. As held by Supreme Court of Pakistan once the application is made under section 11-A of the Standing Orders the process of termination can commence and the factory management is not required to wait till the final orders are passed for permission to terminate or close down the factory. The order of permission to close down can be the last in the process. Since there is no urgency and the appointment of the Presiding Officer is likely to be made very soon, the transfer application is dismissed for the present as being premature. H.B.T./214/Lb.S Transfer application dismissed.