Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)S. 25AGrievance petitionMaintainabilityApplicants who were removed from their respective jobs by contractor of canteen of factory, were directly recruited by contractor which was a separate and distinct entity run by contractor and it had no concern with management and Collective Bargaining Agent (C.B.A.) of the factoryApplicants had no proof of their employment as employees of factory as they could neither produce appointment orders nor termination orders and also could not show their job descriptionor wage cardBurden was on applicants to show that they were employees of factory, but they failed to discharge that burdenGrievance petitions filed by applicants against factory was rightly dismissed by Labour Court being not maintainable against factory. Muhammad Shafiq Quraishi for Appellants. Ashfaq Rizvi for Respondent. Date of hearing: 27th October, 1996. DECISION These are appeals of 23 workers of Pak Saudi Fertilizers Limited, Canteen arising from a decision of Sindh Labour Court No. VII, Sukkur, dismissing their petitions for relief of reinstatement and back benefits. 2. The facts of this case are more or less admitted. The appellant workers and one or two others were working as cooks, bearers plate washers and waiters in the Canteen of the Fertilizer Factory which had been given on contract to Ghulam Farid Company Canteen Contractors. They were to supply the food stuff to about 650 workers of the Fertilizer Factory. The workers of the Canteen presented their Charter of Demands to the Canteen Contractor through their General Secretary Allah Wadhayo. The Contractor, it appears got rid off the services of the appellants and appointed other persons in their place from outside. The workers of the Canteen made representation to the N.I.R.C. that they were being removed because they had raised an industrial dispute and this was an unfair labour practice. The N.I.R.C., however, dismissed their representation. These workers of the Canteen had their own C.B.A. who was different from the C.B.A. of the factory workers union that would show that the Canteen had no connection with the workers union and the Canteen was a…

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