Law:

Section:

Industrial dispute--- ---- Master and servant---Relationship of--Proof---Social Security Card not showing that respondent was employed by appellant and not mentioning on account of which employer medical aid was being provided to employee--­Relationship of master and servant, held, was not proved in circumstances. Syed Fazal Hussain Shah for Appellant. Muhammad Ashraf, Representative for Respondents, Date of hearing: 15th June, 1986. JUDGMENT The two appeals captioned above arise from the decisions dated 8-4-1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, whereby the grievance petitions of the respondents were accepted and it was declared that they were the employees of the appellant mills. Since common question is involved in the two appeals, both are being disposed of together through this single judgment. 2. The stand of the appellant throughout is that the respondents are not the employees of the appellant. In evidence position has been taken on behalf of the appellant that the respondents are the employees of the contractor. The learned lower Court has relied upon social security cards Exh. P-1 and history book Exh. P-2 of Shaukat Ali, respondent. Exhs. P-3 and P-4 are applications of the respondents for the preparation of service record and issuance of attendance cards. Exhs. PA and PB have also been relied upon by the learned lower Court. There are lists of patients who got treatment from social security and have been wrongly described as form R-2. Exhs. RW-1/4 and RW-1/5 are in reality form Exh. R-2. Reliance has been placed upon cloth chit Exh.. PW­3/1 for holding that the respondents are the employees of the appellant mills. On behalf of the appellant attendance and pay registers were produced which do not contain the names of the respondents. The documents relied upon by the learned lower Court have not been proved to have been issued by the appellant and thus they do not create a relationship of employer and employee between the parties. Social Security Cards were issued by the Social Security to the respondents no doubt, but it is not mentioned in these cards that in the capacity of whose employees the…

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