Law:

Section:

West Pakistan Industrial and. Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 1(4)(a) & S.O. 12- -Establishment employing workmen less than twenty--­Application of Ordinance on such establishment---Relationship of employer and employee---Proof---Workman who alleged that his services were terminated in violation of S.O. 12(3) of Ordinance, had failed to prove that employer had on any day during last 12 months employed 20 workmen in his establishment to attract applicability of Ordinance in his case---Employer on the other hand had fully established by producing documentary evidence that workmen employed by him were less than ten---Labour Court in circumstances rightly found that Ordinance (VI of 1968), was not applicable to establishment of the employer--­Evidence produced on record by workman even otherwise, being not sufficient to hold that he was ever employed by employers, workman could not be ordered to be re-instated as no relationship of employer and employee had been established between parties. Ch. M. Maarif Representative for Appellant. Khursheed Ahmad Siddiqui, Representative for Respondents. Date of hearing: 12th May, 1991 DECISION This is an appeal against the Order of learned Presiding Officer Sindh Labour Court No.I, Karachi dated 3-12-1990 whereby the grievance application of the appellant was dismissed. 2. I have heard Mr. Ch. M. Maarif representative for the appellant and Mr. Khursheed Ahmed Siddiqui representative for the respondent and have also gone through the record and proceedings of the case. 3. The appellant alleges, that, he was employed as workman by the respondent, when his services were orally terminated on 19-8-1989. He served grievance notice upon the respondent on 5-9-1989, which was replied to by the respondent denying the existence of relationship of employer and employee between the appellant and the respondent. The appellant, therefore, filed grievance petition before the learned Labour Court, which was resisted by respondent on the ground that there was no relationship of employer and employee and further that the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders)…

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