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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 1(4) and S.O. 12(3)--Industrial Relations Ordinance (XXIII of 1969), Ss.l(3) & 25-A--Grievance petition against termination of service or dismissal from service--Maintainability of--Neither any objection nor evidence suggesting non-application of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968--Petition, in circumstances, held, maintainable even if Industrial Relations Ordinance, 1969 not applicable. Ch. Sadiq Muhammad Warraich for Appellants. M. Hanif Bhatti for Respondent. Date of hearing: 7th December, 1985. JUDGMENT Since identical legal questions are involved in the two appeals captioned above, they are being disposed of together through this single judgment. The decisions, dated 5-5-1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi have been challenged, whereby the grievance petitions of the appellants .for their re-instatement in service were dismissed on the sole ground that the Industrial Relations Ordinance, 1969 is not applicable to the respondent. 2. Mehr Din, appellant, was a chowkidar, whereas Muhammad Aslam, appellant, was a cooli. The allegations against them was that they had stolen a bag of 25 kilograms of skimmed milk. The learned lower Court has held that the Industrial Relations Ordinance, 1969 as well as Standing Orders Ordinance, 1968 are not applicable to the respondent. So far as applicability of the Industrial Relations Ordinance, 1969 is concerned, such an objection can be found in the written statement but it is nowhere contended in it that the Standing Orders Ordinance, 1968 is not applicable or that the respondent establishment is being run by or under the authority of the Government and that it has its own statutory rules of service or discipline. So far as the question of non-applicability of the Industrial Relations Ordinance, 1969 is concerned, there is no evidence on the record oral or documentary that the respondent establishment has any connection with or is incidental to the Armed Forces of Pakistan. This was a question of fact and could have been…

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