Law:

Section:

Industrial Relations Ordinance (XXIH of 1969)---- ----Ss. 25-A & 37-Grievance petition against termination of service-Resisted on ground that petitioner was employee of independent contractor-Labour Court accepting petition and awarding re­ instatement with back benefits--Record indicating that (1) contractor was not outsider but had been working in Mills. (2) petitioner was in employment of Mills before contract, (3) no proof that petitioner was Lever employed by contractor and (4) Daily production report of Mills containing name of petitioner-Plea of petitioner being employee of contractor, in circumstances, held, rightly rejected by Labour Court. Malik Sher Muhammad for Appellant. Date of hearing : 21st March, 1983. ORDER This appeal is directed against the decision of the learned IInd Labour Court, given on 7th March, 1983, allowing the grievance petitions of the 2 respondent-workmen and directing the appellants to re-instate them forthwith with full back benefits: 2. The sole ground on which the aforesaid decision of the learned Labour Court has been assailed in this appeal by Mr. Malik Sher, the :learned representative for the appellants is that the respondents at no time were the employees of the appellants but of their independent contractor, Sher Ali. This plea was also raised before the learned Labour Court but was repelled by it. In support of his contention, Mr. Malik Sher has relied upon 2 pieces of evidence, the first being the alleged agreement entered into between the appellants and their contractor, Sher Ali, and the second piece of evidence being the evidence of the said Sher Ali. No doubt, Sher Ali has stated that he had taken the Weaving Department of the factory of the appellants on contract, that be had employed the respondents and that further their services were terminated on 15th July, 1981, on which. date the contract entered into by him with the management of the appellants' factory was terminated, and some support is lent to his evidence by the agreement, dated 3rd September, 1981, a photo copy whereof was produced by him before the learned Labour Court, but on closer examination of these 2 pieces of evidence, I am of opinion…

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