Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S, 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(4)---Standing Orders, applicability of---Onus to prove---Employee in his grievance petition though had asserted that number of workmen employed by employer was more than 20, but had not supported his assertion either by his affidavit-in-evidence or any other reliable evidence---Employers in their written statement had categorically stated that number of workers employed by them was less than 20, thus Standing Orders Ordinance, 1968 was not applicable to them---Burden, in circumstances, was on employee to prove that employer had employed 20 or more workers during preceding year and that Trial Court was vested with jurisdiction to try his case, but he failed to prove same---Appellate Court below had erred in holding that burden was on employer to establish that number of workmen employed by them was less than 20. Badruddin Villani for Petitioner. Mehmood Habibullah for Respondents. Date of hearing: 6th February, 1992. JUDGMENT MAMOON KAZI, J.---The petitioner has called in question the order passed by the learned Sindh Labour Appellate Tribunal dated 10-9-1990, reversing the order earlier passed by the learned Labour Court dated 11-3-1990 dismissing the grievance petition of the petitioner. 2. The facts of the case are that the respondent No. 1 was employed as "Administrative Assistant" by the petitioner. He was charge-sheeted for misconduct for his mis-behaviour with another member of the office staff. On 15-9-1987 the respondent was served with a show-cause notice and after a domestic enquiry was held by the petitioner, the services of the respondent were terminated by order dated 25-10-1987. He was, however, granted one month's pay in lieu of notice. 3. The grievance notice sent by the respondent was res1sted on the ground that the respondent had been removed under the provisions of the West Pakistan Shops and Establishments Ordinance, 1969 and further that the charges against him had been duly proved at the enquiry. The respondent, however, filed his grievance petition before the learned Third…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492