Law:

Section:

(a) Industrial dispute--- ----Workman---Onus of proof---Initially burden of proof would be on employee to show that he was a workman but where employee had discharged such burden, same would then shift to employer to prove in the negative---Industrial Relations Ordinance (XXIII of 1969), S.25-A. 1989 P L C 309 rel. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----Ss. 2 & 25-A---Grievance petition---Reinstatement---Appellants asking for full back benefits after reinstatement---Employer denying that they were their workmen and contending that they were employees of contractors and refusing them to resume duty---Contention of employer was based on certain lists allegedly supplied to them by contractors---Neither such lists were produced nor any of contractors examined to prove the contention---Appellants in their cross-examination had alleged that these contractors were in fact employees of employer which fact though denied by witness of employer, was not properly rebutted by examining one of those contractors---Definition of a 'workman' under Industrial Relations Ordinance 1969, even otherwise, included those employees who were hired through a contractor where terms of employment were express or implied---Held, employer's action refusing appellants from resuming duties was illegal---No order in writing existed for terminating their services for any reason---Appellants were ordered to be reinstated---No specific evidence being available that appellants remained unemployed or gainfully employed, appellants were awarded fifty percent back benefits. 1978 LLJ 397 and 1989 PLC 81 rel. Shafique Qureshi for Appellants. IA. Hameed for Respondent. Date of hearing: 2nd October, 1989. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. IV at Karachi, dated 5-11-1988, whereby the joint grievance petition of the appellants was dismissed. 2. The brief facts of the case are that the appellants claimed that they were permanent workmen employed by the respondents since a number of years but because they were demanding legal benefits, the respondents commenced to Lock-out from 29-11-1986, and subsequently refused to take…

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