| Citation(s) |
|---|
| 1988 SLG 634 1988 SLD 634 1988 PLC 371 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-306 of 1986, heard on 24th September, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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Appeal No. KAR-306 of 1986, heard on 24th September, 1987.
ALI NAWAZ BUDHANI, APPELLATE TRIBUNAL
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ROSHAN
VS
Messrs MACKINNON & MACKENZIE AND COMPANY (PAKISTAN) LTD., KARACHI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition against termination of services--Respondent's plea that appellant was a personal employee of General Manager and was never appointed as employee of Company-No evidence in rebuttal--Services terminated by General Manager and not by Company--Petitioner failing to summon any-record of Company to prove his employment with Company--Order of Labour Court dismissing grievance petition, was maintained by Appellate Tribunal. Riaz Baloch for Appellant Masood Mirza for Respondent. Date of hearing: 24th September, 1987. DECISION This is an appeal filed by the appellant against an impugned order, dated 30-9-1986, passed by the Sind Labour Court No.V, Karachi, who had dismissed the grievance petition of the appellant under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the appellant claimed to be a permanent driver of the respondent establishment since 1-10-1983 and that as he was not being paid certain available benefits, therefore, he sent grievance notices to the respondent establishment dated 13-4-1986 and 22-4-1986 respectively which were rejected by them saying that he was not at all an employee of them. Therefore, he submitted his grievance petition under section 25-A, I.R.O. 1969 before, the learned Labour Court. 3. The case of the respondent establishment was that the appellant was never an employee of the respondent establishment but he was a personal employee of one, Mr.S.M. Humayun Khan General Manager (Shipping) of the respondent establishment and so, he was removed A from the employment by him and not by the company. Therefore, the appellant was not entitled to maintain his petition which was liable to be dismissed. 4. Both the parties filed their affidavits-in-evidence and they…
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