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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- -- S. 1(4) (h)--Applicability of Ordinance-Number of work­men--.Establishment asserting that number was never more than 20--Burden of proof in circumstances, held, on party contending otherwise--Workman raising such contention failing to adduce any evidence-Contention rightly rejected. M. M. Jeelani for Appellants. Date of hearing : 11th January 1981. ORDER The 2 appellants, Who were employed as weavers in the respondent-­Mills, filed a joint grievance petition before the learned IIIrd Labour Court, alleging that they had been wrongly removed from service with effect from 4th November, 1979, without any orders in writing and praying for direction to the respondent-Mills to re-instate them in service with full back benefits. 2. The learned Labour Court has rejected the grievance petition of the 2 appellants on the grounds, firstly, that as it has not been established that 20 or more persons are employed in the respondent-Mills, the Standing Orders are not applicable to the employees of the said Mills, that secondly, the contention of the appellants that they were permanent workmen is incorrect as in fact they were employed as Badli workers, and that lastly, it appears that the appellants have themselves absented from work and they had not been removed from service by the respondent­ Mills. 3. In support of its findings that the Standing Orders are not applicable to the employees of the respondent-Mills and consequently, the grievance petition of the appellants is not maintainable, the learned Labour Court relied upon the evidence of Mohammad Ashraf, a partner in the respondent-Mills as also the Payment and Attendance Registers of the respondent-Mills which showed that at no time the respondent-Mills had employed more than 20 workmen. Although both the appellants, in their evidence before the learned Labour Court asserted that the number of employees in the respondent-Mills exceeded 20 the learned Labour Court rejected this evidence, firstly, because the evidence of…

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