Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. 1 (4) (a)-Applicability of Ordinance -Number of workmen ­Whether more than 20-To be established by party asserting same-Petitioner claiming number of workmen more than 20-No mention to that effect in his affidavit before Labour Court-Claim made through bare assertion in cross-examination without any other evidence-Employer - refuting such assertion on basis of evidence of Labour Officer of Labour Department-Labour Court, held, that having not established that number of workmen was 20 or more grievance petition against alleged illegal termination of service was not maintainable' because of inapplicability of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 -Decision of Labour Court, in circum­stances, upheld by Appellate Tribunal, Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 37. Ch. M. Maarif for Appellant. ORDER Aggrieved by the decision of the learned Third Labour' Court, given on 14th December, 1981, dismissing his grievance petition on the ground that the Standing Orders were- not applicable to his employment and hence he was not entitled to file and maintain a grievance petition, the appellant has come up in appeal to this Tribunal. 2. The appellant, on 18th March, 1981, filed a grievance petition before the learned Fifth Labour Court alleging that on 31st January, 1981 his services were orally and unlawfully terminated by the respondent establishment and praying for re-instatement in service together with a total amount of Rs.10,980 on account of, Gratuity, Overtime Allowance, Dearness Allowance and notice pay. The grievance petition of the appellant was resisted by the respondent-establishment on the grounds that it is a shop to which the provisions of the West Pakistan Shops and Establishments Ordinance are applicable and not the Standing Orders and that further the appellant was not the employee of the shop of the respondent. It was specifically asserted by the respondent-establish­ment that the number of persons employed in the establishment had never exceeded ten. 3. The appellant, in his affidavit…

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