Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A read with S.2 (xxviii)--Grievance petition --Maintainability of--Workers employed by establishment through contractor--Such workers, held, were employees of establishment and entitled to maintain grievance petition against it under S.25-A. (b) Industrial Relations Ordinance (XXIII of 1969)-- --Ss.25-A & 2(xxviii)--West Pakistan Industrial and Commerce if Employment (Standing Orders) Ordinance (VI of 1968), S.2(i)­"Worker", "Workman"--Definition--Respondents employed as Watchman Chowkidars and in addition to supervision of work, doing manua work of loading and unloading on and from ships and sometime performing duties of peon in office--Such respondents, held, were workmen entitled to maintain grievance petition before Labour Court. (c) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A & 38(3)--Termination of service--Orders of termination o services of respondent-workers found to be arbitrary, unjustifiable and in contravention of provisions of law--Appeal dismissed, order o Labour Court maintained and respondents directed to be reinstate in service with back benefits. Mir Muhammad Shaikh for Appellants. Ch. Rasheed Ahmed for Respondents. Date of hearing: 13th April, 1987. DECISION This is an appeal filed by the appellants, Messrs Mackinnoi Machenzie & Company of Pakistan Limited, Karachi, against an impugned order, dated 1-10-1985, passed by the Sind Labour Court No. V Karachi, who had allowed the grievance petitions of the, respondent; filed by them under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the respondents were employee by the appellants establishment in the month of April, 1973 and the; continued to serve till 4-7-1983 when their services, allegedly, were terminated orally without giving them any notice or assigning and reason thereof, in writing. Thereupon the respondents had serve grievance notices but they received no reply and as the matter was taken up by the union and ultimately it was brought before, this conciliator of the area, therefore, after the end of the conciliation proceedings, a report was given by the said conciliation on…

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