DECISION It is a strange case in which 112 permanent workers of Pak-Saudi Fertilizer Limited have been orally retrenched and no one is prepared to take the responsibility for their retrenchment. This numbering of workers retrenched is said to be more than 50% of the total strength of workers though the actual number of workers is being disputed by Mr. Shabbir Ahmed Awan but the main defence in this case is that during the period of employment of those workers the Bagging and Loading Section of the Fertilizer Factory was given to contractor (A) and then to contractor (B) and afterwards to contractor (C) but the workers continued to remain the same. The Fertilizer Factory is being ran by the Managing Director and there is no transfer of power or possession of the factory to the aforesaid contractors. The workers on account of the illegal lock-out and retrenchment approached through their union, the Industrial; Relations Commission, and the Appellate Bench of the Commission issued mandatory orders for payment of wages to the so-called retrenched employees the respondents. Against the order of N.I.R.C. The appellant Company filed a Constitutional petition before the Sind High Court. An interim order to withhold payment of wages is said to have been issued by the Sind High Court and the matter under dispute is pending before the Sind High Court.
2. The 112 workers then filed their grievance petitions before the Labour Court No. VII, Sukkur. The Labour Court after recording evidence discovered strange facts that after reduction of wages some of the workers were kidnapped and compelled to sign fresh settlement to accept reduced wages ranging from Rs.700 to 1,000 per month. As regards the responsibility for termination, without an order in writing, the appellant Company has laid it on the so-called contractors who are neither parties to any of these three proceedings nor are they known. The learned Labour Court accordingly found that these workers were of the Fertilizer Company and they have not been engaged by any contractor. The workers cannot therefore be put to the task of finding out, who their actual employers are who manage the factory. There is no Agreement of the workers and the contractor brought on record. The learned Advocate for the Fertilizer Company has referred to an Agreement between Fertilizer Company and the Contractor to which the workers are not a party.
Even that Agreement has not been produced in evidence through the so-called contractor. The contractor is known as Workmen Associates and the person signing this contract as the contractor is said to have been Muhammad Aslam Khan who has since died. This contract was produced by the Fertilizer Company and the so-called contractor appears to be a ghost contractor. He has not come forward.
3. These workers are being terminated. Appointed without orders and their wages are being reduced instead of increasing them and all this is being done in the name of the contractors who are not in existence.
4. This matter has been heard by the N.I.R.C. And the N.I.R.C. Appellant Bench and also the High Court staying the order of the N.I.R.C. The matter has also been fought before the Labour Appellate Tribunal and the blame is laid for everything on the contractor. He is supposed to be managing that section of the Fertilizer Factory but he keeps himself away from the litigation.
5. The learned Labour Court accordingly came to the conclusion that' the petitioner workers were being illegally retrenched and verbally dismissed from jobs. He accordingly ordered reinstatement with full back benefits of the petitioner workers. I also find that the practice of shunting responsibility for observing the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance on the shoulders of ghost contractor has been utilised in this case also.
However, the matter is said to be subjudiced before the High Court and I would not, therefore, make any further observations. I however agree with the findings on facts by the Labour Court and I can see no reason for interference in the said order of the Labour Court.
6. These 112 appeals are therefore dismissed in limine.