Law: Industrial Relations Ordinance, 2002

Section: 46

Law: Industrial and Commercial Employment (Standing Orders) Ordinance, 1968

Section: 12,15

Industrial Relations Ordinance (XCI of 2002)--------S. 46---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os.12 & 15---Termination of service---Grievance application---Employee, who was permanent employee was dismissed/terminated from service without issuing any show-cause notice, charge sheet, holding of enquiry and affording him opportunity of being heard---Record showed that employer institution terminated their workers, without due process of law---Labour Court, had rightly allowed grievance application of the employee, thereby directing the employer to reinstate the employee in service with back benefits---Findings of the Labour Court, being sound and well reasoned, no reason existed to interfere. THIS JUDGMENT DELIVERED BY: ALI MUHAMMAD BALOUCH, MEMBER:------------------- This appeal is directed against the order dated 31-07-2009 passed by the learned Labour Court No.V, Karachi, allowing the grievance application of the respondent No.2, bearing No.96/2007 under Section 46 of IRO, 2002, thereby directing the appellant to reinstate the respondent No. 2 in service with back benefits w.e.f. 04.04.2007. On directions of this Tribunal, both parties have submitted their written arguments. Same were perused including the record and proceedings. I have carefully perused and gone through the impugned order that the very point of maintainability of the appeal and so also maintainability of the grievance petition, so raised by the appellant herein, has been elaborately and exhaustively dealt with by the learned Labour Court and did not agree to the contentions of respondents regarding School being neither commercial establishment nor running on commercial basis or for that reason an industry. Perusal of impugned order of the learned Labour Court further shows that the appellant failed to discharge its burden by producing evidence to prove that it is an educational institution and running on non-commercial/charity basis, except producing oral evidence. No evidence was even produced before the learned Labour Court, as is evident from the impugned order, that the respondent # 2 was not performing the duty of Assistant to the…

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