Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------- -- S. 25-A read with West Pakistan Industrial and Commercial Employ­ment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(b)-Termination of services-Applicability of Ordinance VI of 1968-Definite plea raised in written statement of employer disputing application of Ordinance VI of 1968 and staling number of employees to be less than 20 but such allegations not controverted by workers in their affidavit-Pew workers alone in cross-examination stating number of workers to be in excess of 20 but such workers not sure even on this point and giving different figures-Appellant employer producing Wage Register showing maximum number of workers as not exceeding 16-Wage Registers bearing signatures of workers receiving their wages and could not be said to have been fabricated-Lower Court, held, erred in not attaching value to such registers on ground of clerk making relevant entries in registers being not produced and immaterial whether person making entries examined or some other person examined to produce them­ Burden of proof of establishment having more than 20 workers lying on workers and such burden being not discharged, Ordinance Vi of 1968, held, not applicable to case and application under S. 25-A of Ordinance XXIII of 1969 also not maintainable. Syed Zamirul Hasan for Appellant. Raja Shams-uz-Zaman for Respondent Date of hearing: 17th August 1977. DECISION This appeal has been filed against the order of the Labour Court ordering re-instatement of the respondents on an application made under Section 25-A, I. R. O. 2. The respondents claimed themselves to be in the permanent employment of the appellant. On 2nd November, 19766 they formed a Trade Union and on 6th November 1976 they made an application to the Registrar for registration. They sent an intimation to the Management on 8th November, 1976 by registered post with the A/D, but the letter was returned undelivered. It's alleged that on 15th November 1976 they were stopped at the gate and, therefore, it was presumed that their services had been terminated. They made representation to the appellant without success. So they approached the Labour Court for…

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