Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)----- -- Ss. 37 & 38-Appeal-Procedure - Documents not produced before Labour Court--Photo copies of such documents sought to be produced at appellate stage alongwith application for dismissal of appeal on basis of such photo copies-Such action, held, not warranted by any procedure-Production of such evidence at appellate stage, in circumstances held, warranted neither as a matter of course nor as of right. (b) Industrial Relations Ordinance (XXIII of 1969)---- -- Ss. 25-A & 38 (3) read with Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 3-Grievance petition before Labour Court resisted as not within jurisdiction of Labour Court on grounds of applicability to establishment concerned of provisions of Pakistan Essential Services (Maintenance) Act, 1952-Notification of Federal Government declaring service of establishment as essential service or any other document to prove same not produced-Labour Court despite absence of positive evidence coming to conclusion on presumption and surmises that establishment governed by Act ibid I-and dismissing grievance petition as not maintainable-Order of Labour Court, in circumstances, set aside by Appellate Tribunal and cases remanded to Labour Court for decision afresh after oppor­tunity of proper evidence to parties. Appellant in person Mohammad Humayun for Respondent. Date of hearing: 3rd April, 1984. ORDER The appellant was dismissed from service by the respondent-Company, He filed an application under section 25-A, I.R.O., 1969 before the learn­ed Labour Court. The respondents appeared and raised a legal plea to the effect that the services of the appellant, were governed by the provi­sions of Pakistan Essential Services (Maintenance) Act, 1952, and, there­fore, the application of the appellant was not legally maintainable. The learned counsel for the parties without adducing any evidence on the record argued the case. The learned Labour Court No. III agreeing with the respondent's legal plea held that it had no jurisdiction in the matter and therefore dismissed the application vide order, dated 8th November 1983. Aggrieved by this order, the…

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