Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Grievance petition--Maintainability of--Appellant­-establishment specifically proving by reliable documentary evidence that respondent No.l was simply a contractor and all other respondents were engaged by him and were his employees--Respondents failed to adduce any independent evidence to prove their employment with the appellant-establishment--Appellant-establishment produced in support of its contentions, Attendance and Wages Registers of employees--No independent witness or other evidence was produced to challenge the genuineness or correctness of entries made in such Registers-­Respondents, held, were not employees of the appellant-establishment and were not entitled to maintain their grievance petition under S. 25-A--Appeal was allowed, grievance petition was dismissed, impugned order was set aside. Abdul Ghani Khan for Appellant. Bashir Awan for Respondent. DECISION This is an appeal filed by the appellant-establishment against a common impugned order, dated 21-8-1986, passed by the Sind Labour Court No. V I, Hyderabad, who had allowed the grievance petitions of the respondents, separately filed by them under section 25-A, I.R.O. 1969, directing their re-instatement in service with full back benefits. 2. Brief facts of the case are that the respondent, namely Khan Muhammad claimed to have been appointed in the appellant­-establishment as Kataya since 1970 and that as the factory was closed from 8-11-1984 on the ground of lay-off, therefore, he was not paid off. The respondent further claimed that he, alongwith other workers approached to the Directorate of Labour, Hyderabad and during the course of the conciliation meetings, the appellant-establishment dis-owned the employments and had refused to make the payments. Being aggrieved, the respondent sent grievance petition, dated 29-1-1985 followed by the grievance petition before the learned Labour Court on 9-3-1985. The other respondents, namely, Salim Akhtar, Abdul Hamid, Muhammad- Ahmad and Muhammad Hussain who were also laid-off with effect from 8-11-84 and were also not paid off, had joined the respondent Khan Muhammad and after…

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