Law:

Section:

(a) 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)---Grievance petition--­Maintainability---Grievance petition filed by employee against termination of his service was resisted by employer company contending that same was not maintainable as in Head Office of Company where employee was working, less than twenty workers were ' employed and it was governed under Shops and Establishments Ordinance, 1965---Assertion of employee that Head Office of employer company where he was working had twenty-nine workers, had not been controverted by employer company---Burden of proving that employer company had twenty or more workers, though was on employee, but once employee had shown that twenty or more persons were employed in employer company, it was for employer company to rebut that evidence---That having not been done, employer company could not assert that grievance petition was not maintainable as in its Head office less than twenty persons were employed and that it was governed under Shops and Establishments Ordinance, 1965. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ----S.O. 12---Termination of service---Services of employee working as general clerk in Head Office of employer company were terminated on ground of re-organisation in the employer company---Employer company which neither was wound up nor liquidated was very much in existence---When employer company, was in existence, it could not be imagined that a clerk would have to be terminated by way of retrenchment as a result of-re-organisation in the company. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2(xiii) & 25-A--rIndustrial dispute---Grievance petition--­Maintainability---Dispute between worker and management regarding non-employment of worker, was an industrial dispute falling under definition as given in S. 2(xiii) of Industrial Relations Ordinance, 1969---Labour Court, thus, had wrongly held that dismissal of worker would not be covered under definition of industrial dispute and that grievance petition filed…

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