Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 1(4)(a)---Grievance petition---Maintainability---Grievance petition filed by employee against his oral termination without assigning any reason by employer, was dismissed by Labour Court on ground that West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was not applicable in case of employee as total strength of workers employed by employer never exceeded sixteen---Burden of proof was on employee to establish that employer employed twenty or more workers, but he failed to discharge that burden by whatever evidence---Employer by producing Attendance Register of workers and also Salary Bill Register of the Establishment, had fully proved that number of workers employed in concerned year was not more than sixteen workers----Labour Court in circumstances, had rightly found that grievance petition filed by employee under S.25-A of Industrial Relations Ordinance, 1969 was not maintainable. Muhammad Shafiq Qureshi for Appellant. Mehboob Rizvi for Respondent. Date of hearing: 12th March, 1997. DECISION This appeal is directed against the order of the Second Sindh Labour Court, Karachi, dismissing the grievance petition of one Ghulam Sarwar filed against his employers M/s. Kohinoor Plastic Container for reinstatement and back benefits. 2. The appellant was appointed helper in the respondent Factory in the year 1981 and thereafter, promoted as colourman. The services of the appellant were terminated orally without assigning any reasons on 22-6-1991. The appellant filed his grievance petition before the Labour Court. The Labour Court found that the total strength of workers employed by the respondent never exceeded 16. The Standing Orders Ordinance therefore did not apply to the case of the appellant and his application was not maintainable. 3. Admittedly the burden of proof is on the worker to establish that the factory or Industrial Establishment employed 20 or more workers. The appellant in his affidavit has shown that about 150 workers were employed permanently in the…

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