Employer can not lay off employees illegally

  Citation Name  : 2011  SCMR  11     SUPREME-COURT

  Side Appellant : PAKISTAN SYNTHETICS LIMITED

  Side Opponent : WAQAR AHMED

                       

                        Ss. 12 & 13---Retrenchment or lay off---Economy measures---Proof---Services of employees were terminated due to downsizing for economy measures---Action taken by employer was maintained by Labour Court but High Court declared such termination  as mala fide and set aside the same---Validity---Mode provided by law was to be strictly followed under mandatory provisions of Ss.12(3) and 13 of Industrial and Commercial Employment (Standing Orders) Ordinance, 1968---Retrenchment was to be in good faith/bona fide and not to victimize employees or as a cloak to get rid of employees---High Court was justified to go into the question to see bona fides of retrenchment and had rightly given a finding of fact that termination  in question was mala fide and in colourable exercise of power, thus action was not taken by employer due to measure of economy---Employer failed to raise any substantial question of law of public importance---Jurisdiction of Supreme Court under Art. 185 (3) of the Constitution was discretionary in character and Supreme Court declined to exercise its discretion in favour of employer---Appeal was dismissed.