DECISION These to connected appeals arise from the order of the Second Sind Labour Court, Karachi whereby the grievance petitions of the appellants under section 25-A of the I.R.O. Were dismissed as being without substance.
2. The facts in brief are that the appellants were permanent workers in the Silk Mills of the respondent at S.I.T.E., Karachi. The mills were suffering losses and in the process of closing down the respondents were terminating the services of workmen in batches under Order 12 of the Standing Orders Ordinance. Thus, out of 50 workers the services of 10 workers were terminated. Thereafter, services in batch of another 10 persons were laid of.
3. The grievance of the appellants is that since the services of more than 50 % of the workers were being terminated the prior permission of the Labour Court had not been obtained in this behalf. It has, however, been held by the Supreme Court in 1975 Supreme Court Monthly Review 49 that in the closing down process the workmen can be laid of in batches without prior permission to close down and the Labour Court's permission might be the last step in the process of closing down this factory, therefore, it is not necessary that the permission should be obtained before termination of the services of workers slowly and the process can be started by termination in A batches
4. The learned Labour Court also found that no proceedings of any Industrial Dispute were pending at the the of termination of the services of the appellants. The services of the notice of strike does not amount to pending proceedings under section 47 of the I.R.O.
5. Under the circumstances there was justification for the respondent to legally terminate the services of the appellants in the process of closing down the mills.
6. There is no substance in these appeals which are dismissed in limine.