TRIO INDUSTRIES (PVT.) LIMITED vs BABU SHER — 2026 PLC 30 SUPREME-COURT

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TRIO INDUSTRIES (PVT.) LIMITED VS BABU SHER. Ss. 2(g), 2(k), 3, S.O. 15 & Sched.---Closing down of an establishment by the employer---Absence of procedural legal framework---Legislative and regulatory reforms, requirement of---Necessity for structured process, employee dues protection, and speaking orders---Scope---There must be some well-structured procedure and mechanism to deal with and decide the applications submitted to the Government for closing down the establishment in terms of Standing Order 15 of the Sindh Terms of Employment (Standing Orders) Act, 2015---No doubt, the powers are given to the Government, but there is no procedure to decide such application except providing the outer limit of 15 days; that, too, is in favour of the employer, to presume that his application is allowed if it was not decided or responded to within fifteen days---Therefore, a clean slate is accorded to the employer to immediately shut down the whole business/establishment without checking whether the action is bona fide or mala fide or, while doing so, if the full and final accrued dues of employees have been settled or not---On the contrary, while assuming jurisdiction to accord permission, it is the responsibility of the Government to ensure that the close down is bona fide and permission is granted after ensuring the payment of dues to the employees---Apparently, this cumbersome exercise cannot be done by the Government itself as it involves microscopic details, therefore, there is a need to enact a fool-proof procedure to deal with, examine, and decide such applications after hearing the employer and employees/their representative/Trade Union/CBA, and then render a speaking order so that an aggrieved person may file an appeal in the Labour Court in terms of Standing Order 15 of the 2015 Act---Therefore, some necessary amendments in the 2015 Act or some rules or Standard Operating Procedures (SOPs) are required to be enacted in the best interest of workers, to save them from unlawful removal from service in case of mala fide attempts/schemes, and also from deprivation of their lawful dues in case bona fide of employer is proved---Necessary attention of the Government was invited to take necessary action regarding the above aspect of the matter.

TRIO INDUSTRIES (PVT.) LIMITED vs BABU SHER — 2026 PLC 30 SUPREME-COURT

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