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MRS. SHAMSHER ALAM versus OMER SONS LABORATORIES, ISLAMABAD


West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 Section O12 Complaint Request Completion of Service on Return Based Complaint was not granted in Labor Court No evidence was submitted by the Appellant. Due to the restoration and closure of the factory, the Government Lower Court rightly rejected the complaint.

1985 P L C 82

[Labour Appellate Tribunal Punjab]

Present: Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

Mrs. SHAMSHER ALAM

Versus

OMER SONS LABORATORIES, ISLAMABAD

Appeal No. RI-45 of 1978, decided on 8th March, 1982.

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

---S.O.12--Grievance petition--Termination of service on basis of retrenchment Grievance petition not pursued in Labour Court No evidence produced by appellant despite getting adjournments- Respondent making retrenchment and totally closing factory on ground that import licence refused by Government--Lower Court rightly dis missing grievance petition in circumstances.

Ch. Ghulam Qadir Cheema for Appellant.

Naeem Bokhari for Respondent.

Date of hearing: 16th February, 1982.

JUDGMENT

This appeal arises from the decision dated 26-12-1977 passed by the learned Presiding Officer, Punjab, Labour Court No.1, Lahore, whereby the grievance petition of the appellant for her reinstatement was dismissed.

2. The facts giving rise to this appeal are that the appellant was employed by the respondent as Medical Representative and her services were terminated on 16-7-1976 by way of retrenchment on the grounds that due to re-organization of the establishment and to cope with the financial difficulties, faced by the firm, and in a bid for economy, it was decided to dispense with the services. No evidence was produced by the appellant in spite of getting adjournments, therefore, her case was closed. The respondent also did not lead any evidence. The learned lower court on the basis of deciding the other similar cases has decided this case. Admittedly, after the termination of the services of the appellant, an application was made to the lower court under Standing Order 11-A of the Standing Orders Ordinance, 1968 for the total closure of the factory on the grounds that import licence had been refused by the Government and drug manufacturing licence was also refused on the ground that medicines be prepared and sold on generic names. Since the respondent did not do so, therefore, the licence was not given. In these circumstances, the respondent had to make retrenchment and ultimately to close the business. The lower court rightly dismissed the grievance petition of the appellant. There is no force in the appeal, which is dismissed.

M. I.

Appeal dismissed.

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