Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance petition for reinstatement in service---Termination of service on basis of resignation---Thumb-impression on said resignation subsequently denied by employee---Onus of proof---Where employee came to Court denying his thumb-impression on such resignation, onus, held, was upon him and he should have applied to lower Court for comparison of thumb­ impression. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Grievance petition---Resignation by employee---Effect---Where employee produced his resignation himself, presumption, held, would be that he was no longer interested in his service and had resigned from post---Fact of resignation could not be controverted by mentioning of leave application after said resignation, such application having not been proved by cogent evidence. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 25-A & 38 (3)---Appellate jurisdiction, exercise of---Where fact of resignation as result whereof employee's services were terminated could not be controverted by cogent evidence, Labour Court, held, was justified in dismissing grievance petition of employee---Appeal dismissed. Nazir Ahmad Naz, Representative for Appellant. Ch. Fazal Elahi for Respondent. Date of hearing: 2nd August 1986. JUDGMENT This is an appeal preferred against the decision dated 22-5-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 7, Gujranwala, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. The plea of the appellant was that he never tendered any resignation and that on account of his trade union activities as he was President of the Union, his services were terminated forging resignation Exh. R-1. He denies his thumb-impression on Exh. R-1. 3. It has been argued by the learned representative of the appellant that since the appellant had denied his thumb-impression on Exh. R-1, the respondent should have examined some witness to state that he had put his thumb-impression in his presence, or the thumb-impression should have been got compared with admitted or specimen thumb-impression. He…

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