Law:

Section:

Ordinance (XXIII of 1969) -- Ss. 25-A & 37-Appeal-Plea not raised in written statement before Labour Court-Such plea depending upon investigation of facts - Cannot be raised in appeal-Question whether petitioner/appellant was in service of respondent not raised before Labour Court-Cannot be raised in appeal before Appellate Tribunal. Appellant in person M. A. Hasan for Respondent. Date of hearing: 8th March 1976. DECISION These are two appeals against the common order passed in two cases by the Labour Court on the applications made by the appellants under section 25-A of I. R. O., 1969. 2. The case of the appellants was that they were in the permanent employment of respondent mills Messrs Athar Textile Mills and Anwar Textile Mills on piece-rated basis. Their services were orally terminated on 28-11-1975 when they were stopped at the gate. It was also pleaded that the Union was formed and they were elected office-bearers and further­more, they made application to the Registrar for the registration of the Union as well as informed the respondent of the bar imposed by section 8(a) of I. R. O., 1969. After sending grievance notices by registered post AID and having received n,) reply they filed applications under section 25-A of 1. R. 0., 1969. 3. The applications were resisted. It was pleaded by Anwar Textile Mills that the appellants were never in their service and therefore, they were wrongly impleaded. So far Athar Textile Mills is concerned it was admitted in written statement that the appellants were in their service since some time and they remained absent with effect from 28-11-1975. It was denied that they were removed from service or stopped at the gate. It was pleaded that the mill was registered under the Shops and Establishment Act. It v i denied that any grievance notice was received. 4. Evidence was tendered by both the parties. On the assessment of the evidence the learned Presiding officer came toe the conclusion that the appellants were not in the service of Anwar Textile Mill but they were serving in Athar Textile Mills and they remained absent with effect from 25-11-75 and 27-11-75. It was also found that it was not proved that any…

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