Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance petition--Petitioner whether a workman-­Assertion of petitioner being a "workman" not rebutted by respondent by producing any authentic and convincing proof--Labour Court in circumstances, held, correctly treated petitioner as a workman and petition as maintainable. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S.Os.12(3) & 13--Industrial Relations Ordinance (XXIII of 1969), Ss.25-A & 38(3)--Termination of services purportedly due to uneconomical production and concerned department of Mills being given on contract--Juniors in same category continuing in service-­Termination order challenged on plea that it was simply to get rid of workman who was an office-bearer of workers union--Mala fide proved by facts on record that management resorted to device of giving its department on contract only in order to remove petitioner and other workers--Order of Labour Court setting aside impugned termination order and awarding re-instatement with full back benefits, was upheld in circumstances. Syed Zamirul Hassan for Appellants. S.P. Lodhi for Respondent. Date of hearing: 18th March, 1987. DECISION This is an appeal filed by the appellants, namely Messrs Mehran Jute Mills Ltd. against an impugned order, dated 19-12-1985, passed by the Sind Labour Court No. III, Karachi, who had allowed the grievance petition, under section 25-A, I.R.O., 1969 of the respondent, namely Muhammad Fazlul Haque, directing his re-instatement in service with full back benefits. 2. The brief facts of the case of the respondent workman before the learned Labour Court were that he was employed with the appellant mills as a permanent workman since 1978 and was drawing a sum of Rs.678 per month as his wages and that he was also an office-bearer of the rival union of the C.B.A. and on this sole ground, the management was annoyed with him and was inclined to get rid-of him for one reasons of the other. However, on 28-2-1984, when the respondent reported for duty, he was refused duty without any notice, charge-sheet or anything in writing which amounted to the illegal…

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