Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- --- S. 25-A-Termination of service challenged as illegal-Employer's contention that petitioner was not his employee-Records indicating that no identity ticket or cards issued to any employee-Oral evidence of co-employee, in favour of petitioner, in circumstances, relied and petitioner, held, an employee-Application for re-instatement granted. JUDGMENT This is an appeal under section 36-D of the Industrial Relations Ordi­nance, 1969, filed by the employer, against an order dated 7th December 1974, passed by the Junior Labour Court No.1, Lyallpur, whereby the employee was ordered to be re-instated with back benefits. The respondent Mr. Ashiq Ali filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, for re-instatement. He alleged that he had been working in Messrs Iqbal Embroidery Mills, Sargodha Road, Lyallpur for six months and that he was removed from service on 18th August 1974 without serving a notice of one month on him or without a charge of mis­conduct. In reply, the employer stated that Ashiq Ali was never his employee. He said that Mr. Ismatullah the General Secretary of the Trade Union hailed from the village of the respondent and for the purposes of blackmailing he instigated the respondent to file this false and frivolous application. The Trial Court recorded the statement of Ashiq Ali as P. W, 1. He said that he bad been working in the Establishment of the employer of the six months. He admitted that no social security card or employment ticket was issued to him. He said that such cards or tickets were not issued to any of the other workers of the employer. He was supported by Muhammad Siddiq (P. W. 2), who was an employee of the same establishment. During further proceedings the employer absented himself and ex parse proceedings were taken against him. On the basis of evidence produced by the employee the lower Court directed re-instatement with back benefits. The first question in this appeal is whether ex parse proceedings in this case were not proper. The record shows that a…

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