These 8 appeals by the management have been heard together as they arise out of a common decision given by the learned IVth Labour Court, or. 31-1-1982, holding that the retrenchment of the 8 respondents by the management was not motivated by good faith and accordingly it has directed the management to re-instate in service the said 8 workmen with full back benefits.
2. The appellants had resisted the separate grievance petitions filed by each individual worker on among other grounds that the grievance notice served by the respondent was invalid on the grounds, firstly that it was premature and secondly, that it was a joint notice not contemplated by law, that in any case the retrenchment was necessitated by complete stoppage of demand from the foreign buyer, and that further the respondents had ceased to be aggrieved workmen in that they had signed vouchers and receipts evidencing payment of their dues in full and final settlement.
3. The learned Labour Court has, however, dealt with only 2 of the issues raised by the appellants, firstly, that the notice was premature and secondly, that the retrenchment was not bona fide. So far as the objections of the appellants are concerned in respect of the service of the joint notice signed by all the respondents, the same are covered and settled by the decisions reported in 1977 PLC 258 ;'1977 PLC 370 and 1980 PLC 1003.
4. Now as regards the issue whether the retrenchment was bona fide or otherwise, the case of the appellants was that the sole foreign buyer for whom they were manufacturing their products had withdrawn its order and hence there was no longer any demand from any source for the products of the appellants. In support of this contention, the appellants relied upon a letter, dated 28-7-1981, from the National Advertisers Ltd., indicating that delivery of 30,000 items of special brass give- swa ys for the Saudi Arabian Airlines may not take place on account of financial problems. This letter of the National Advertizers Ltd was not accepted by the learned Labour Court on the- ground that the letter was from a sister concern of the appellants. In the circumstances, it would have been appropriate to give an opportunity to the appellants to lead evidence of the foreign buyer i. e., Saudi Arabian Airlines, who could have clarified the position whether in fact the order for the supply of the 30,000 brass give-swa ys had been with--drawn or not. Furthermore, though it was the case of the appellants that at least 6 of the respondents had signed vouchers indicating full and final settlement and that four out of them, namely, Syed Usman, Bundo Khan, Dost Muhammad and Muhammad Mushtaq had stated in their evidence that they had received all their dues, the learned Labour Court has not examined this aspect of the case. It is not disputed by Mr. Chaudhry Abdul Rasheed that this was an important issue which should have appropriately been examined by the Labour Court.
5. I would, for the reasons disclosed by me above, remand the 8 appeals to the learned Labour Court with the directions to give an opportunity to both the parties to lead further evidence on the issue whether the foreign buyer in fact had withdrawn its order for the supply by the appellants of brass give-swa ys and whether the appellants had no other market for this product. The learned Labour Court should also examine and consider the contention of the appellants regarding the alleged signing of vouchers by the respondent evidencing full and final settlement and if it considers necessary, give an opportunity to both parties to lead evidence whether in fact the vouchers are for full and final settlement or merely for the wages of the respondent for the period that they had worked in the establishment of the appellants. The learned Labour Court would be 'at liberty to give a revised decision in the light of any further evidence which may be led before it.