Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Jurisdiction of Labour Court, ouster of---Burden of proving ouster of jurisdiction of Labour Court is on the party, who pleads ouster. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Written statement filed without oath---Contents not proved in evidence----Evidentiary value---Presiding officer, Labour Court, recorded his findings that Employers employed less than twenty workers on basis of written statement which was neither on oath nor proved through examination of any witness---Such a written statement, held, could not be considered as an evidence. P L D 1972 S C 25 rel. (c) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Termination of service---Grievance petition---Jurisdiction of Labour Court---Employers who terminated services of appellants contended that they did not employ more than twenty workers and that they were governed by the Shops and Establishments Ordinance and, therefore. Labour Court had no jurisdiction---Appellants filed affidavits in evidence but on date fixed for hearing they failed to appear and tender themselves for cross-examination---Labour Court, consequently without proceeding further or recording evidence of employers found that burden of proof was upon appellants to prove that Labour Court had jurisdiction and they having failed to prove same, their application 'stood dismissed---Held, looking to circumstances of case it would be fair and proper that both parties were given a chance to prove their respective claims and assertions---Order of Labour Court was set aside and case was remanded for decision afresh on merits after giving parties opportunity to lead evidence. Date of hearing: 8th October, 1989. DECISION I intend to dispose of these 5 appeals by this single decision as the respondent in all the appeals is the same and the points of law and facts are also similar. 2. In all the 5 appeals, the appellants claim to be the workmen of the respondents and claim that their services were terminated without any order in writing, as they demanded certain legal benefits. After serving the grievance notices upon the respondent, the…

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