| Citation(s) |
|---|
| 1988 SLG 425 1988 SLD 425 1988 PLC 75 |
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-39 to 47 of 1987, decided on 21st April, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Malik Muhammad Ayub for Appellants. Date of hearing. 21st April, 1987.
Appeals Nos. KAR-39 to 47 of 1987, decided on 21st April, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
Malik Muhammad Ayub for Appellants. Date of hearing. 21st April, 1987.
GUL RAO KHAN and others
VS
Messrs BISMILLAH SILK INDUSTRIES
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)----- ---Ss.25-A & 38(3)--Termination of services--Appellant workers admitting in cross-examination that they were not employees of respondent establishment; they did not know how and why petitions were filed on their behalf while same did not bear their signatures--No relationship of master and servant existing between appellant workers and respondent establishment--Question of any malice or victimization as alleged by appellants, therefore, not arising in case--Held, order of Labour Court below dismissing grievance petitions of appellants was unexceptionable in circumstances. DECISION These are nine (9) appeals filed by each appellant against a common impugned order, dated 30-11-1986, passed by the Sind Labour Court No. I Karachi, who had dismissed the grievance petition of the appellants under section 25-A, I.R.O. 1969. As the facts and circumstances as well as the impugned order is similar and common, therefore, I propose to dispose of all these nine (9) appeals by this single decision. 2. Brief facts of the case are that all these appellants claimed to have been working in the respondent establishment as weavers since a long time and they were also permanent workers. The workers of the establishment had formed a union on 4-4-1986 which annoyed the respondent establishment. As a consequence of the form-action of the Union, the respondent establishment had terminated the services of all the appellants on 29-4-1986 and as their claim it was an oral termination. However, all of them had filed grievance petition before the Labour Court. 3. The respondent establishment had resisted the petitions of the appellants on the ground that there was no relationship of master and servant between the appellants and the respondent establishment. As regards the merits of the case it was denied that as the appellants were never their employees,…
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