Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 1(4)

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 25-A

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. 1 (4)-Number of employees of establishment-Whether more than 19-Burden to prove-Upon workmen or person making such assertion--Management denying number as more than 19-Petitioner in case relying on payment or Attendance Register in custody of Management, held, could have required Management to produce same before Court-Workman failing to establish his assertion-Establish ment in circumstances, held, rightly held not governed by provisions of Ordinance. (b) Industrial Relations Ordinance (XXIII of 1969) S. 25-A-Service of grievance notice on employer-Delivery to another workman-No service. Date of hearing : 29th January 1980.                                                                                                                 ORDER These are 2 appeals by workmen against identical decisions by the learned 1st Labour Court, given on 16th December 1979. dismissing their grievance applications challenging the orders of their dismissal from service. 2. The appellants, who were employed as weavers in his respondent establishment, filed grievance applications before the learned 1st Labour Court claiming that the respondent establishment did not allow its workmen the various benefits permitted to them under the law, and when it was pressed for the grant of these benefits, it locked out all the workers on 26th July. 1977, without any notice in writing, whereupon the workers approached the Martial Law Authorities and the Labour Directorate for redress, but as their grievance was not redressed, they approached the Labour Court under section 25-A, Industrial Relations Ordinance, 1969. The learned Labour Court dismissed the grievance applications of the 2 appellants on the grounds, firstly, that the said applications were not maintainable as the Standing Orders were not applicable to the…