Case Details

Citation(s)
1999 SLG 928 1999 SLD 928 1999 PLC 447
Labour Appellate Tribunal, Sindh
Appeals Nos. KAR-209 to KAR-224 of 1998, decision dated: 15-01-1999.
DR. TANZILURRAHMAN, CHAIRMAN

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SHER BAHADUR and others

VS

Messrs SUBCOSSII (PVT.) LTD. and others

Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--­----Arts. 117 & 118---Assertions made in application---Burden of proof--­ Burden of proof was on applicant who had asserted a fact to be believed in his favour and it was incumbent on him to prove the same. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---Petitioners claimed that they were employees of respondent and that their services had been terminated verbally without assigning any reason for the same---Respondent had denied relationship of employer and employees between the parties and had specifically denied that petitioners were ever employed by it in any capacity--- Labour Court, after recording evidence of parties, dismissed grievance petition holding that relationship of employer and employees did not exist between the parties-- -Burden of proof lay on petitioners who claimed to be employees of respondent, but they had failed to discharge the same by any evidence---Mere failure of respondent to adduce evidence, would not absolve petitioners from proving and establishing their case by leading evidence to the satisfaction of Court which they had failed--­Grievance petition was rightly dismissed by Labour Court, in circumstances. Mushtaq Ahmed Siddiqui, Representative for Appellants. Gohar Iqbal for Respondents. Date of hearing: 15th January, 1999. JUDGMENT These are 16 appeals bearing Nos.KAR-209 of 1998 to KAR-224 of 1998 filed by the above 16 appellants against the respondent company Messrs Sub-Cos-II (Private) Limited against the decision, dated 30th, May, 1998 passed by the learned Labour Court No.III in Grievance Applications Nos.44 of 1996, 45 of 1996, 46 of 1996, 47 of 1998, 48 of 1996, 49 of 1996, 51 of 1996, 52 of 1996, 53 of 1996, 54 of 1996, 55 of 1996, 57 of 1996, 58 of 1996, 59 of 1996, and 60 of 1996 dismissing the same. 2. By this single judgment it is intended to decide these appeals as they involve similarity of facts and law. 3. I have heard Mr. Mushtaq Ahmed Siddiqui, Representative of all the appellants and Mr. Gohar lqbal learned counsel for the respondent. 4. All the appellants have claimed to be permanent workers of the respondent as weavers for…
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