Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- --- S. 1 (4)-Number of workers-Whether more than 19-Disputed by employer in written statement in reply to petition of worker and statement before Labour Court stating that number of employees was only five during whole year preceding filing of petition-In absence of any evidence to establish his contention plea of respondent could not prevail and that of employer, held, could not be rejected. Syed Zahir Hussain Chishti for Appellant Ali Ahmed for Respondent. Date of hearing : 30th January, 1980. DECISION By this appeal the appellant mills have assailed the decision given by the learned First Labour Court on 23rd November, 1979, allowing the grievance petition of the respondent workman and directing the appellant mills to re-instate him with full back benefits. 2. The respondent filed a grievance petition before the learned First Labour Court on 31st March, 1979, to the effect that he was a permanent workman of the appellant mills, having served them for one complete year, and that suddenly on 11th March, 1979, the respondent mills, verbally and without assigning any reason, terminated his services. The appellant mills resisted the said petition on the grounds, firstly, that the respondent was not a permanent workman for the purposes of the Standing Orders, secondly, that his services had not been terminated but he had voluntarily abandoned his services with effect from 11th March, 1979, and that finally, the grievance petition was not maintainable as the Standing Orders were not applicable to the appellant mills. The learned Labour Court repelled all the contentions of the appellant mills and accepted the respondent workman's grievance petition. 3. I have heard Syed Zahir Hussain Chishti, the learned counsel for the appellant mills and Mr. Ali Ahmed, who appeared for the respondent workman. The only ground on which Mr. Zahir Hussain Chishti assailed the impugned order of the learned Labour Court was that the Standing Orders were not applicable to the appellant mills and hence the respon­dent's grievance petition was not maintainable. The learned counsel submitted that…

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