Case Details

Citation(s)
1999 SLG 912 1999 SLD 912 1999 PLC 418
Labour Appellate Tribunal, Sindh
Appeal NOXAR-I 17 of 1998, decision dated: 3rd June, 1999
DR. TANZILURREHMAN, CHAIRMAN

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Messrs J.D. INTERNATIONAL (PVT.) LTD. Through Chief Executive

VS

SALEEM HUSSAIN and 11 others

Law:

Section:

Industrial Relations Ordinance (XXIII of I969)-------S. 25-A(10)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)---Grievance petition--­Relationship of employer and employee---Proof---On filing grievance petition, employer-Company denied relationship of employer and employee between parties and also asserted that only seventeen workers were employed in the company---Petitioners had claimed that they were employees of Company and that sixty-seven workers were employed by company whose services have been terminated orally---Petitioners failed to bring on record any evidence to prove their claim whereas Company had, brought documentary evidence on record to prove that Company had never appointed the petitioners and that only seventeen workers were employed in the company---Labour Court accepted grievance petitions simply on basis of negative evidence---Burden was on petitioners to prove that they were employees of Company but they had failed to discharge their burden by oral or documentary evidence---Decision of Labour Court suffering from infirmity in law, was set aside, in circumstances. Miss Sadaf holding brief for Agha Faqir Muhammad for Appellant Gohar Iqbal for Respondents JUDGMENT This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969, against decision, dated 21-3-1998, passed by the Sindh Labour Court No .5, in Grievance Application No. l of 1997 under section 25-A(10) of I.R.O., 1969, for reinstatement with back benefits, whereby the respondents were ordered to be reinstated with back benefits. The facts, leading to the above appeal, briefly stated, are that fifteen workers (out of twelve. are before me as respondents) filed an application under section 25-A(10) of the I.R.O., 1969 on 30-1-1997, alleging, inter alia, that there were 67 workers in the appellant company, but were neither issued any .appointment letters, nor provided any cover under Social Security Scheme and other benefits including Old-Age Benefits. Furthermore, none of them were getting even the minimum wages as required by Minimum Wages Unskilled Workers Act, 1994. The appellant company, being annoyed with…
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