Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 37(3) Grievance petition Maintainability Grievance petition filed by employee under S.25 A of Industrial Relations Ordinance, 1969 was rejected on the ground that employee was appointed during period when ban was imposed on appointments Question of appointment during ban or not was irrelevant in face of finding of Labour Court that employee was a worker Employee had submitted that he would be satisfied if case be remanded to Labour Court to decide afresh after allowing employer to file written statement and appear to produce evidence Matter was remanded by Labour Appellate Tribunal to Labour Court to decide on merits after affording opportunity to employer to file written statement and appear before Labour Court for examination in chief. JUDGMENT This is an appeal under section 37 of the Industrial Relations Ordinance, 1969 against the decision dated 19 8 1998, passed by the learned Presiding officer, Sindh Labour Court No.VII at Sukkur 2. On going through the Judgment, impugned in the appeal, Passed by the learned Labour Court, it appears that the application under section 25 A, I.R.O. 1969, was thrown out on the ground that the appellant was appointed as Tube well Operator, during the period when there was ban on appointment Mr. Qurban Ali, learned counsel for the appellant, submits that the appellant was appointed temporarily and even during ban he could be appointed. In any case, I am of the view that the question of appointment during ban or not is irrelevant as in the face of the finding of the learned Presiding Officer that the appellant is a worker. Mr. Khursheed A. Khokhar, Assistant Executive Engineer for the respondents submits that the appellant was appointed though temporarily but on a permanent post. He referred to written statement, handed over to Mr. Himmat Ali Shah,…

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