Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 14169)--- ----S. 25-A---Reinstatement---Appellant resisting grievance petition of respondent on ground that no relationship of `employer or employee' existed between them---Respondent in support of his case that he was worker/employee under appellant/employer, had led no evidence apart from his own oral evidence---Respondent had not produced any appointment letter/order which he stated was not given to him; but he had not so averred in his grievance petition or grievance notice---No question was put by respondent to appellant in cross-examination about same and he did not even summon books of accounts of appellant to show that he was on their Pay Roll---Held, shifting of burden by Labour. Court upon appellant/employer to produce record was not correct, even when it was not summoned by respondent and had wrongly drawn adverse inference against appellant for non-production of record---Order of Labour Court reinstating respondent in service was set aside. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Relationship of `master and servant'---When employer denied relationship, burden of proof to establish said relationship, was on the worker. 1982 PLC 872 rel. Khursheed Ahmad Siddiqi for Appellant. Gohar lqbal, Representative for Respondent. Date of hearing: 18th March, 1991. DECISION This is an appeal against the order, dated 1-12-1990 passed by the learned Presiding Officer, Sindh Labour Court No. I at Karachi, whereby the grievance petition of the respondent was allowed and he was ordered to be reinstated in service with full back benefits. 2. I have heard Mr. Khurshid Ahmed Siddiqi, the learned Advocate for the appellants and Mr. Gohar lqbal, the learned Representative for the respondent and have also gone through the record and proceedings of the case. 3. The brief facts of the case are that the respondent claims to be a workman employed in the appellant's factory when his services were terminated on 22-10-1989 by verbal orders. 4. After serving the grievance notice upon the appellant the respondent filed his grievance petition before the learned Labour Court which was resisted by the appellant…

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