Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A,37(3)

Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: 1(4),S.O.12(3)

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 37(3) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 1(4) & S.O. 12(3) Grievance petition Maintainability Evidence on record had proved that alleged employer was running a small ten looms factory wherein nine or ten workmen were working Applicants had failed to produce on record any appointment letter, identity card or any documentary proof, to show their relationship with alleged employer as its workmen Grievance petition filed by applicants was rightly dismissed by Labour Court being not maintainable. JUDGMENT These are four appeals filed under section 37(3) of the Industrial Relations Ordinance, 1969, which will be disposed of by this Judgment as they involve common questions of facts and law. 2. Respondents and their counsel are called absent. Since the respondents and their counsel were not present, I requested Mr. Sher Afgan to assist this Court as amicus curie. 3. He has taken me through the judgment and submitted that it is the cardinal principle which has been laid down by the Supreme Court that the onus of proof lies upon the applicant to show that he is a workman and the Labour Court has got jurisdiction to entertain application under section 25 A of the I.R.O., 1969, On independent assessment of the judgment he is of the opinion that the appellants have failed to show that they have been in the employment of the respondents and the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was applicable to them so as to establish that the appellants have a vested right as secured by the law to file a grievance application challenging the breach of Standing Order 12(3) of the Standing Orders Ordinance. As such, according to him, the learned Labour Court has come to a right conclusion while dismissing the applications of the appellants. 4. Mr. Mushtaq Shaikh, learned counsel for the appellants submits that the appellants were working with the respondents as weavers and the name of all the four appellants appear on the sheets Annexure 'B' attached with the affidavit in evidence, which shows period from 1 1 1997…

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