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Appeal No. KAR‑132 of 1976, beard on 28th December 1976.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

---S. 1(4)(a)‑Head Office of establishment at Karachi with factory at Wah‑Head Office carrying on work of import and export and supplying raw material to factory‑Head Office, in circumstances, held, cannot be treated as a separate entity for calculating number of workers for purposes of Ordinance.

Hameed M. Siddiqui for Appellants.

Nemo for Respondents.

These are two appeals against the order of the Labour Court dismissing the applications filed under section 25‑A of the Industrial Relations Ordinance, 1969 on a preliminary objection.

2. They were in the permanent employment of the respondent and were working as Driver. Their services were terminated on 23‑7‑1975 without any show‑cause notice and enquiry. So they approached the Labour. Court after serving the grievance notice.

3. The applications were resisted.'' A preliminary objection was taken that there were less than twenty workmen in the establishment of the respondent and, therefore, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance was not applicable with the result that applications were not maintainable.

4. The learned Presiding Officer accepted the plea raised on behalf of the respondent and dismissed the applications. Aggrieved by this, the present appeals have been filed.

5. I have heard the learned counsel for the appellants and none appeared on behalf of the respondent. In my view the learned Presiding Officer clearly erred in holding that there were less than twenty workmen in the employment of the respondent. It is an admitted position that the company has a factory at Wah, where production of the chemical goods are being manufactured while their Head Office is at Karachi. The appellants were working in the Head Office. The view taken by the learned Presiding Officer that the factory at Wah is different from the establishment working in the Head Office at Karachi is clearly wrong and cannot be accepted. It is an admitted position that the Head Office carries on the work of Import rend Exports: Even the raw materials are supplied by the Head Office to the factory at Wah. So the Head Office cannot be treated as a separate entity from the factory itself. It is partinent to note that the correspondence by the Head office is carried on the 'Letter Pad' of the company which was established in 1966 with a factory at Wah and Head Office at Karachi. The learned Presiding Officer referred to a case decided by the High Court but I must say that he did not appreciate the implication of the decision and the point involved therein.

6. In these circumstances T hold that the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance is applicable. I, therefore, allow the appeal and set aside the order passed by the Labour Court. Both the cases are remanded to the Labour Court for disposal on merits after recording evidence which may be tendered by the patties.

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