SASCON Knitting Company (Pvt) Ltd vs. Commissioner General of Labour and Others – sllr 2020 volume 1 page 350

In the case between SASCON Knitting Company (Pvt) Ltd and the Commissioner General of Labour and Others, the court examined the legality of transferring employees from one legal entity to another without explicit consent or statutory approval, specifically under the Termination of Employment of Workmen (Special Provisions) Act, No. 45 of 1971. It was determined that such a transfer, when performed without the written consent of the affected workmen or the approval of the Commissioner, constitutes an implied termination of employment. The findings established that the employer’s right to transfer does not extend to moving employees between separate corporate entities, and where such actions occur, the Commissioner retains jurisdiction to intervene. The appeal was dismissed, and the Commissi