Case Details

Citation(s)
1999 SLG 935 1999 SLD 935 1999 PLC 454
Labour Appellate Tribunal, Sindh
Appeal No. KAR-256 of 19,98, decision dated: 16-04-1999.
DR. TANZILURRAHMAN, CHAIRMAN

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MUHAMMAD SHAIR

VS

Messrs HAKIMSONS CHEMICAL INDUSTRIES (PVT.) LIMITED and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 1(e) & 12(2)---Temporary workman---Termination of service---Employer, by producing evidence on record had proved that employee whose services were terminated without issuing him any letter of termination, was employed as temporary worker on daily-paid basis with gaps---Employee had failed to produce any documentary evidence to prove that he was a permanent worker---Labour Court had rightly found that employee was daily-paid worker and that relationship of employee and employer as contemplated by law did not exist---Grievance petition, otherwise barred by time, was rightly dismissed by Labour Court. Muhammad Yaqub v. Punjab Labour Court and 5 others 1990 SCMR 1539 ref. Shamsher Khan, Representative for Appellant. Syed Qamaruddin Hasan for Respondents. JUDGMENT This appeal under section 37(3), of the Industrial Relations Ordinance, 1969 arises out of decision, dated 4th July, 1998 (wrongly stated in the memo. of appeal as 22-4-1998), passed by the Third Sindh Labour Court in Grievance Application No.24 of 1997 whereby the application was dismissed. . 2. The appellant filed an application under section 25-A, of the I.R.O., 1969, wherein it was, inter alia, stated that the appellant was working in the respondent establishment as a Helper since last one year. The respondent terminated the appellant's service on 18-2-1997 without issuing any letter of termination. Grievance notice was sent on 7-3-1997 by registered post which was refused by the respondent, as such, returned un-served. It was, therefore, prayed that the appellant may be ordered to be reinstated in service with full back benefits. On the other hand, the respondent 'in its reply statement, pleaded that the appellant was employed as temporary worker on daily-paid basis (with gaps) till 15-10-1996 and that the appellant's wage employment came to an end on 15-10-1996 according to daily wage sheet Annexure 'A' and not 18-2-1997, as alleged. It was further alleged in the said reply statement that the grievance notice was belated and time barred;…
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