Law:

Section:

Industrial dispute--- ---- Termination of service---Appellants claimed that terminated employees had no relationship with them, for they had let out factory to a specified person--­Such specified person had, however, not chosen to appear to put any construction on version of appellants---Appellants had produced agreement to show letting out of factory, but no attesting witness had been produced---One of appellants, though had shown his readiness to produce "Attendance Register" but failed to do so---Fact that respondents were working in factory run by appellants was not open to any exception---Respondents were rightly reinstated in service. Riaz Hussain Baloch for Appellants. S.A. Channa for Respondents. Date of hearing: 25th March, 1992. DECISION The circumstances in which this appeal has arisen, shortly stated, are as follows:-- 2. Ten workmen of Messrs Bismillah Iron Industries at Karachi filed a grievance petition before the Labour Court praying for their reinstatement as they had been removed from service to deter them from forming a Trade Union of the Workers. According to them they had been unceremoniously removed from service after four years of work on 19-12-1988. They had made a representation on the 25th January but with-no result. They had also approached the Labour Department for the redressal of their grievances but the appellant after putting appearance at the earlier stages, declined to participate, with the result the petitioners had filed a grievance petition before the Labour Court. 3. The respondents in their reply denied any relationship between themselves and the respondent and their case was that their factory was on lease with one Willayat Hussain, as it had been given on contract in previous years also. They also denied the receipt of any grievance notice. 4. A number of witnesses appeared on behalf of the respondent including all the applicants but five of them did not appear for being tested in cross-examination. They also examined Muhammad Afzal, Assistant Director Labour and Ghulam Qadir, Labour Officer as their witnesses. The appellant examined Javed Ahmed, one of the partners of the Bismillah Iron Industries and Muhammad Afzal,…

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