DECISION ' These appeals by the Management of Avari Towers Hotel are directed against the order of 1st Sindh Labour Court, Karachi, whereby the seven workers were re-instated in service on the plea that their services were terminated during pendency of registration of their trade union in violation of section 8-A of the I.R.O.
2. The facts in brief are that according to the case of the management, services of the workers were dispensed with as a result of re-organisation as the whole department in which they were employed was handed over under the control of a contractor and the termination was simpliciter and not by way of punishment.
3. The learned Labour Court found that this termination was pending the registration of their trade union and was therefore in violation of section 8A of the I.R.O.
4. The respondents could not be served by ordinary process and they had therefore to be served by publication in the Daily Aman. None therefore appeared on behalf of the respondents and the appeals have been heard ex parte against them.
5. The main point argued by Mr. Muhammad Humayun in these appeals is that section 8-A of the I.R.O. Has no application to the facts of this case. That none of the workers have been punished by dismissal, discharge or transfer but their services were terminated under S.O. 12 of the Standing Orders Ordinance after payment of their dues. It has next been argued that section 8-A of the I.R.O.
Applies to only officer of a trade union and not to workers who are n office-bearers. Section 8-A however says that no officer of a trade union workman shall be transferred, discharged etc. This section is not very happily worded. The intention being that the application is restricted to officers of a trade union or workman whose names have been notified to the Registrar. In the present case it has been admitted that they are not officers and there is nothing to show that their names have been notified to the Registrar. Under the circumstances it has not been proved that section 8-A applies to the case of the respondents. Both these points have not been controverted by the respondents who are ex parte.
6. Under the circumstances the appeal is allowed ex parte and the order of the Labour Court reinstating the workers is set aside. The amount of back benefits deposited may be returned after 30 days.