Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 38(3) Grievance petition Maintainability Relationship of employee and employer Proof Respondent had claimed that he was employed with the Company as helper without giving him any written appointment order and that he had been removed from service without any written order according to law Company denied relationship of employee and employer between the parties as the respondent was not employed as claimed by him, Gut was hired to work as domestic servant and had nothing to do with the Company Burden was on the respondent to prove that he was employee of the Company and he had to prove the same by independent evidence, but he failed to discharge that burden by producing documentary and oral evidence, except his own verbal assertion Respondent could neither produce written order of his appointment nor written order of termination of his service to snow that he had ever served in the Company until his services were terminated Respondent having failed to establish his relationship with the company as that of employee and employer by whatever evidence, the Labour Court was not justified to accept grievance petition filed by him and to re instate him in service Labour Appellate Tribunal set aside the of Labour Court. 1997 PLC 13 and 2001 PLC 223 ref. Muhammad Tasnim on behalf of Muhammad Ashraf Khan for Appellant AND Zafar Farooqui, Representative for Respondent. Date of hearing: 10th May, 2001. DECISION This appeal arose from the Order, dated 30th May, 2000 of Sindh Labour Court No. 1, Karachi whereby the grievance petition filed by respondent Habibur Rehman was allowed and he was ordered to be reinstated in service within 30 days of the order with all back benefits. The respondent's case briefly is that he was employed with M/s. Al Hadi Textile (Pvt) Ltd., hereinafter referred to as the Appellant Company as helper and had been discharging his duties since January 1997 honestly and sincerely. However, he was not given any written Appointment Order as required by Standing Orders Ordinance, 1960 nor was he allowed legal allowances admissible under Labour Laws including Rs.300 CLA, overtime wages, leave,…

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