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Appeals Nos. MN‑26 and 27 of 1983, decided on 22nd February, 1983.

Industrial dispute‑--

--‑‑Closing down part of Mills--Termination of service for such reason‑‑Permission of Labour. Court to close down not first step in process of closing but last or simultaneous step ‑ Termination of on service of workers should take place before, soon after or simulta neously with application for permission ‑ Termination order challenged on plea that Khata of Mills allegedly closed was still running ‑ Permission of Court not applied for or taken even after lapse of 7 months termination of service ‑ Version of petitioner workman not rebutted by oral or documentary evidence supporting closure‑Labour Court, in circumstances, held, justified in awarding re‑instatemdnt to workman with back benefits.‑Industrial Relations Ordinance (XXIII of 1969), Ss. 25‑A & 37.

1975SCMR49rel,.

Syed Iqbal Ahmad for Appellant.

Date of hearing : 15th Febr‑1,tary, 1983.

The two appeals captioned above arise from the decision dated 19‑12‑1982 passed by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur, whereby the grievance petitions of the respondents for their re‑instatement in service were accepted and they were directed to be re‑instated in service with back benefits. As the facts and law points involved in the two appeals are common, both the appeals are being disposed of together through this single judgment.

2. The services of the respondents were terminated for the reason that their Khata had been closed giving assurance that whenever it be restarted, preference for new employment would be given to them. The stand taken by the respondents in their grievance petitions was that the Mills had not been closed and that the work was going on.

3. Learned counsel for the appellant has argued that although there was no evidence on the record that the Khata had been closed, yet the learned lower Court held that since Khata was closed without the permission of the Court, it was illegal and the respondents were entitled to be put back on duty. This is true that the case of the respondents was not that in reality Khata in which they were working had been closed, but this was the case of the appellant that since Khata was running at a loss and it could not be reorganised soon, therefore, it was closed. On account of this reason given by the appellant for the termination of the of the respondents, the learned lower Court said that closure was without the permission of the Court. Learned counsel for the appellant has cited 1975 S C M R 49 in which it had been observed that permis sion to close down an establishment is not the first step in the process and permission of the Labour Court may be the last step in the process of closing down or an application may be given simultaneously. This is true but the termination of services either should take place before, soon after or simultaneously with the application for permission to close A down the establishment. In May, 1982 the grievance petitions were brought and in December, 1982 they were decided But even now it has been urged in the appeal that the permission had been taken. After all when the time for taking permission will come, if the closure has actually taken place and is genuine.

4. The evidence produced by the respondents , is that the work is going on and that no closure has taken place. This evidence was not rebutted. Neither any documentary nor any oral evidence was produced to prove the closure. An affidavit of Commercial Manager (Exh. R‑2) was produced without producing the man to be cross‑examined. That affidavit, therefore, cannot be read in evidence. Since the evidence produced by the respondent was not rebutted, the learned lower Court was justified in directing the re‑instatement of the respondent.

5. As upshot of the observations made above, I do not find any force in the appeals and dismiss them in limine.

Appeal dismissed.

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