ALL WORKMEN EMPLOYED BY DANDOT CEMENT COMPANY (PVT.) LTD. vs DANDOT CEMENT COMPANY (PVT

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ALL WORKMEN EMPLOYED BY DANDOT CEMENT COMPANY (PVT.) LTD. VS DANDOT CEMENT COMPANY (PVT.) LTD. Sched., S.O. 11-a, 12, 13 & 14---Punjab Industrial Relations act (XIX of 2010), S. 33---Closure of manufacturing unit and retrenchment of employees---Legality---Plea on behalf of petitioner (workmen) that an agreement was executed amongst parties in the year 1992, which agreement was later endorsed in proceedings before the Supreme Court, and included a stipulation that the respondent-company would not force in closure of the establishment and that the respondent-company was bound to abide by said stipulation/terms---Validity---agreement agitated by the petitioner was settled with a management which later skipped out of business handing over/transferring the control / administration to some other management, which management later was replaced with further successive replacements---Objects and purposes now allegedly necessitating closure of the respondent-company did not exist at the time said agreement was allegedly struck amongst parties---Furthermore neither the petitioner initiated any contempt petition for violation of the past order of the Supreme Court based upon compromise/agreement between the parties, nor any grievance petition was filed under section 33 of the Punjab Industrial Relations act, 2010---Petitioner fell in sleep and slumber not adopting legal recourses structured for it for redressal of its agitated grievance---all the documents/exhibits relied by the Labour Court showed that outdated, deteriorated and technology deficient status of manufacturing plants/units of the respondent-company were the features for the bid of respondent-company forming basis for its closure---Outcome of existing status of the respondent-company was definitely loss of sources, added costs, substandard and outdated products and environment challenges etc.---all said outcomes could not be allowed to remain in field as, in said course, not only the respondent-company, but the petitioner as well were bound to suffer ultimate negative impacts thereof---Prayer of the respondent-company seeking permission for closure of its manufacturing units was grounded on facts that its manufacturing units urgently needed comprehensive Balancing, Modernization and Replacement (BMR) required in order to make the manufacturing units more environment friendly and efficient---Provincial Environment Protection agency and the Provincial Mines and Minerals department had also found gross deficiencies and risks associated with the same in the manufacturing plant of the respondent-company---With respect to safeguarding rights and interests of retrenched workmen, the Labour Court had allowed application of the respondent-company for purpose of undertaking comprehensive BMR with the condition that after completion of BMR no new employee/workmen would be inducted until and unless preference was given to all retrenched workmen for reemployment and, in course of any violation on part of the respondent-company in connection thereto, aggrieved workmen were at liberty to initiate contempt proceedings before the Labour Court; and that all retired and retrenched employees were entitled for the dues/benefits of services permissible in the eye of law/agreement---Constitutional petition was dismissed.

ALL WORKMEN EMPLOYED BY DANDOT CEMENT COMPANY (PVT.) LTD. vs DANDOT CEMENT COMPANY (PVT — 2023 PLC 76 LAHORE-HIGH-COURT-LAHORE

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