Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 1(i)(b)-Permanent workman-Person appointed as Badli for one month and on termination of that appointment appointed tem­porarily for one month-Record containing his applications for both such appointments and orders passed thereon duly signed by him in token of acceptance of terms and conditions as such Badli and tem­porary appointment-Claiming to have served for considerably long time and having attained status of permanent workman-Burden of proof, in circumstances, held, lay upon claimant to establish his assertion-Such claim put forward for first time only in affidavit in evidence before Labour Court and neither in his grievance notice to employer nor in grievance petition to Labour Court-No docu­mentary evidence adduced-Claim of being a permanent workman, in circumstances, not accepted. Samiullah Khan for Appellant. Ali Ahmed for Respondent. Date of hearing : 12th September, 1983. ORDER This appeal is directed against the order, dated 29th July, 1983 passed by Sind Labour Court No. III, Karachi, ordering re-instatement of the res­pondent with back benefits. 2. The facts leading up to the appeal briefly stated are that the res­pondent allegedly was a permanent worker of the appellant establishment having served with them as a Maintenance Fitter for a considerable period of time. The respondent alleged that suddenly the appellant establishment terminated his services on 28th August, 1982 by a verbal order without assigning any reason. The respondent, therefore, served a grievance notice, dated 30th August, 1982 on the appellant, establishment who sent a reply to it. The respondent finding that his grievance was not redressed, filed an application under section 25-A, I.R.O., 1969, in the learned Labour Court. The learned Labour Court, vide its order, dated 29th January, 1983 ordered reinstatement of the respondent with back benefits. The appellant establish­ment aggrieved by the said order has come in this appeal. 3. The appellant establishment mainly contended that the respondent was in the first instance appointed as Badli worker with effect from 12th…

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