Case Details

Citation(s)
1977 SLG 1642 1977 SLD 1642 1977 PLC 345
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-361 to 374 of 1974, decided on 31st July 1976.
GHULAM RASOOL SHEIKH, APPELLATE TRIBUNAL

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KARACHI OIL MILLS PIECERATED WORKERS UNION

VS

TARIQ OIL MILLS ETC.

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 26 & 28 read with S. 2(viii) (xiii), (xxviii)-Oil Mil] owner entrusting work of loading, unloading and stitching of bags to Contractor-Entire operation of such work conducted by Contractor himself without any control or supervision by Mill owner-Workers employed by Contractor also paid by him and no privity of contract between them and Mill owner-Held, Contractor and not Mill owner was employer of such workers-Industrial dispute raised by such workers against Mill owner-Not maintainable. Hassan Inamullah for Appellant. Shaukat Ali Nanji for Respondents. DECISION These are 14 appeals under Section 37 of the Industrial Relations Ordi­nance against the single order passed by Labour Court in 14 matters. 2. The employees working in connection with loading, unloading and stitching of bags intended for the respondents oil mills, formed a Union which was duly reg1stered and claimed to be `Collective Bargaining Agent'. An industrial dispute was raised. This was res1sted by the respondent. After the conciliation proceedings failed applications were made to the Labour Court for adjudication. One of the objections taken try the respondent was that the workmen forming the Union were never employed by them but they were in the employment of the contractors to whom the work of loading, unloading and stitching of bags was given. Evidence was recorded. On the basis of the evidence the Labour Court accepted the objections and dismissed the applications. Aggrieved by this the present appeals had been filed. 3. The learned counsel for the appellants raised a preliminary objection that the order passed by the Labour court suffered from a serious infirmity inasmuch as the evidence led in the individual cases was not treated separately I find no force in this contention as the evidence of the witnesses who had been examined in the…
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