Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 117 & 118---Burden of proof---Where a person would claim a certain right in his favour against other, burden of proving same would rest on him who had claimed said right. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(b) (c) & 12---Permanent status of workman--- Determination---Termination of service---Employee whose services were terminated without issuing termination order in writing and showing any reason for the same, had failed to prove that he had attained status of a permanent workman---Employee was temporarily appointed for sixty days and in appointment order it was clearly stated that his services would be automatically terminated on expiry of said sixty days---Two days' gap existed between final and second appointment and his third appointment was made after a gap of two months---No continuity of service of ninety days without any break existed but appointments of employees were all temporary in nature---Employee who had not acquired status of a permanent ­workman, was not entitled to a notice of termination as provided under S.0.12(3) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Devdas M. Udeshi, Law Officer for Applicant. Sheikh Wahid Bux, Representative for Respondent. JUDGMENT This is a revision application under section 38 (3-a) of the Industrial Relations Ordinance, 1969, against the order dated 14-5-1998, passed by the learned Labour Court No. VI at Hyderabad in Grievance Application No. 179 of 1995. 2. The respondent was appointed by the applicant on different dates for different periods. Mr. Devdas and Wahid Bux for applicant and respondent have filed a statement in writing, signed by them in respect thereof, which is reproduced as under:-- Detail of appointment. 1. First appointment 7-12-1991 to 4-2-1992 60 days (Gap 2 days) 2. Second appointment 7-2-1992 to 6-4-1992 60 days. (Gap 2 months) 3. Third appointment 10-6-1992 to 8-8-1992 60 days continued to work till 29-7-1995. 4. Removed w.e.f. 29-7-1995 (Sd.) Representative of…

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