Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders). Ordinance (VI of 1968)-- ----S.2---Constitution of Pakistan (1973), Art. 199---Dismissal from service--­Labour Court found that establishment having employed less than twenty persons, provisions of Ordinance VI of 1968, were not applicable to the parties---Labour Appellate Tribunal, however, re-instated employee on ground that employer was employing more than twenty persons in its establishment, thus, provisions of Ordinance VI of 1968, were applicable thereto ---Validity--­No evidence was produced by employee before Labour Court in regard to number of persons employed by employer during relevant period---Employee had only relied upon a photostat copy of affidavit filed by another employee of employer in another case---Such person was neither examined by employee in present case nor he was subjected to cross-examination by employer--­Evidence given by such person in another proceeding, thus, could not be relied upon in present case---Finding of Labour Appellate Tribunal could not be sustained on basis of evidence produced by parties before Labour Court--­Order passed by Labour Appellate Tribunal being erroneous, was set aside. Mushtaq Memon for Petitioner. Suleman Habibullah for Respondents. Date of hearing: 9th December, 1991, JUDGMENT MAMOON QAZI, J.---These petitions call in question the order passed by the learned Labour Appellate Tribunal dated 7-i1-1985, allowing the appeal of respondent No. 1 and setting aside the order of the Labour Court dated 9-12-1984 dismissing the respondent's grievance petition filed before it. 2. The facts of the case are that the petitioner terminated the services of respondent No. 1 in each of these petitions verbally without assigning any reasons. According to the petitioner their cinema wherein the respondent was employed needed renovations and repairs, therefore, the services of the said employee were not required by it. Being aggrieved by such action, the respondent filed a grievance petition before the learned First Sindh Labour Court, Karachi, which was dismissed by the learned Labour Court mainly on the ground that during the year preceding the action…

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