Heard Messrs Mahmood Abdul Ghani and Faiz Ghangro for both parties and perused the record of the case.
2. The contention of Faiz Ghangro on behalf of the respondents is this that workers of the establishment may be joined as necessary and proper parties to an application under Standing Order 11-A filed by the applicant before this Court. According to learned counsel the applicant had joined Collective Bargaining Agent as respondents and, therefore, the case of each worker of the establishment shall be prejudiced.
3. Mr. M.A. Ghani submitted before me that the applicants have approached this Court under Standing Order 11-A for permission to close down establishment. According to Mr. M.A. Ghani there is no provisions in West Pakistan Industrial and Commercial Employment (Standing Orders)
Ordinance, 1968 which enjoins or calls upon the employer to make individual worker as party to the proceedings under Standing Order 11-A of West Pakistan Industrial and Commercial Employment (Standing Order) Ordinance. The learned representative, therefore, submitted that such an objection taken by C.B.A. In Applications Nos. 225 and 231 of 1985 under Standing Order 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 in the case of United Carpet Ltd. v. United Carpet Workers Union was rejected by this Court. According to him objections taken in the present case are identical with objections overruled in the previous case.
The learned representative also placed on record the decision of Sind Labour Appellate Tribunal Karachi in Application No.23 of 1986, decided on 5-2-1986 in which the Honourable Chairman Sind Labour Appellate Tribunal at Karachi, held that joinder of individual workman is not necessary in the application for closure of establishment under Standing Order 11-A
4. I have carefully considered the contentions advanced before me. In the case of United Carpet Ltd. v. United Carpet Workers Union this Court after hearing parties at length had arrived at the conclusion that individual workers are not necessary and proper parties in the application under Standing Order 11-A.
5. In order to appreciate the contentions raised before me, I would like to reproduce the provision of Standing Order 11-A which reads as under:- 11-A. Closure of establishment: Notwithstanding anything contained in Standing Order 11, no employer shall terminate the employment of more than fifty per cent of the workmen or close down the whole of the establishment without prior permission of the Labour Court in this behalf, except in the event of fire catastrophe, stoppage of power supply, epidemics of civil commotion.
Explanation.---Close down in this Standing Order includes lay of of beyond fourteen days where such lay of results in closure of an establishment but does not include lock-out declared, commenced or continued in accordance with the provisions of the Industrial Relations Ordinance 1969 (XXIII of 1969).
6. The respondents Union being C.B.A. Is made as party in order to afford an opportunity to the representatives of the workers to rebut the case submitted by the establishment for closure of the establishment on the basis of losses suffered by the Management.
7. I am fortified in my above views by the authority of Supreme Court of Pakistan reported in 1975 SCMR 49.
8. I am, therefore, of the considered view that individual workers) are neither necessary nor proper party in an application under Standing Order 11-A. The preliminary legal objections are hereby overruled and, let the case proceed on merit.
M. Y. H. /881/Lb Individual workers impleadement refused.