Law:

Section:

----S.2 (ix) & (xiv)----Question whether Government Medical Stores Depot was industrial concern or not--Functions of establishment determining its status a question of fact--Question involved not legal but a mixed question of fact and law which cannot be decided without evidence--No evidence on record available to show whether Medical Stores Depot was industrial concern or not--Onus to prove--If evidence is in possession of adverse party it could be summoned through Court--Adverse party not bound to produce evidence of their own accord for other party. K. G. Old v. Presiding Officer, Punjab Labour Court P L D 1976 Lah. 1097 ref. Muhammad Younas Khan for Respondents Nos. 1 and 2. Muhammad Yaqoob for Respondent No.3. Date of hearing: 12th May,.1982. JUDGMENT The appellant Union raised an industrial dispute, in which conciliation proceedings failed, therefore, a petition under section 32(1-A) of the Industrial Relations Ordinance, 1969 was brought in Punjab Labour Court No.1, Lahore. The industrial dispute was opposed by respondents Nos.2 and 3 raising preliminary objection to the effect that the Government Medical Stores Depot was not an industry, therefore, labour laws were not applicable and the industrial dispute could not be raised. On 11-2-1978 the counsel for the parties made a joint statement to the effect that they did not want to produce evidence on the prelimi­nary objections and would only argue tile matter. The learned trial Judge after hearing arguments…

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