Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)----- ---- S. 25-A-Grievance petition against alleged wrongful oral termina­tion of service-Relationship of master and servant denied by respondent establishment on grounds that petitioner was employed by contractor running mills on contract-Burden of proof to estab­lish relationship of master and servant, held, upon petitioner-­No tangible evidence adduced except verbal assertion-Receipt of wages from Contractor admitted in evidence of petitioner ­Petition, in circumstances, rightly dismissed by Labour Court. Choudhry M. Maarif for Appellant. Date of hearing : 7th December, 1981. ORDER The appellant, who claims to have been employed as a Weaver in a permanent capacity in the respondent mills, filed a grievance petition, on 6th October, 1980, against his alleged illegal and oral termination from service by the respondent mills. The grievance petition was resisted by the respondent mills on the ground that the appellant was not their employee but the employee of their Contractor Boota Khan. In fact, in their reply dated 18th September, 1980 to the grievance notice, received from the appellant, the respondent mill, had clearly stated that the appellant was not their employee but the employee of Boota Khan. The learned Labour Court has taken the view that the appellant was the employee of Boota Khan and not the respondent mills and accordingly dismissed the appellant's grievance petition. This view is founded on 2 separate grounds, firstly, that the appellant had failed to produce any tangible evidence to establish that he was the employee of the respondent mills, and secondly, that the evidence of Boota Khan, and the documents produced by him, according to the learned Labour Court, indicated that the appellant was the employee of Boota Khan, who had in fact terminated his services, by order, dated 11th July, 1980, which order is said to bear the signatures of the appellant in token of having received the order of termination of service. 2. Mr. Choudhry M. Maarif, the learned representative for the appellant, has assailed the impugned decision of the learned Labour Court mainly on the ground that as the evidence of…

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