Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4)(a) & S.O. 12---Termination of services---Grievance petition---Maintainability---Employees whose services were terminated orally, had challenged their termination by filing grievance petition before Labour Court---Grievance petition was resisted by employers contending that same was not maintainable as they had employed less than twenty persons in their establishment---Manager of employer establishment had admitted in his cross-examination that list of eighteen persons filed in Court did not contain names of both employees and also two sweepers---Twenty-four workers in fact were working in establishment besides the manager---Oral termination of employees without giving reasons for such termination in writing, was mala fide---Labour Court having wrongly dismissed grievance petition of employees, such order was set aside and employees were ordered to be re-instated in service with back benefits. DECISION These are two connected appeals of the workers of M/s. Funland (Rani Bagh), Hyderabad in respect of their grievance applications for re-instatement. 2. The facts are that appellant Nayab Khan was working as a Booking Clerk with the respondent's establishment and appellant Gulab Khan was working as Attendant. Since M/s. Funlamd was a commercial establishment employing 20 or more persons, these workers gave notice of forming a Workers' Union to the Registrar and a copy was also forwarded to the proprieters of Funland on 25-1-1994. However, this act of the appellant was resented and on the same day these two workers one of whom was General Secretary and the other Propaganda Secretary were both stopped from entering the establishment and their services were orally terminated. They served their grievance notice on the employers on 14-4-1994 and on getting a reply which they found to be evasive, they filed grievance petitions in the Labour Court at Hyderabad alleging that the establishment employed more than 20 persons. The respondent Funland, however, contended that they had employed less than 20…

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