Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ----S.25-A---West Pakistan Shops and Establishments Ordinance (VIII of 1969)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os. 12 & 15---Termination of services--­Appellant's services were terminated without any order in writing and without payment of salary for which appellant served grievance notice---Grievance petition of appellant was resisted by employer on ground that they were registered under Shops and Establishments Ordinance, 1969 and as such they were not covered by Standing Orders Ordinance, 1968---Appellant asserted that employer had employed more than fifty workers but he did not produce evidence in support of his assertion---Appellant pleaded that one of his witnesses was prevented from giving evidence by employer---Respondent had put in oral version that they had only employed less than twenty workers--­Evidence of both parties being equally balanced, burden to produce Register/Record with regard to appointment of workers and their presence shifted on employer which it failed to discharge on ground that it had not maintained any record, although maintenance of record was mandatory provision of Rules under West Pakistan Shops and Establishments Rules, 1969 and its non-maintenance of such record was a criminal offence---Held, since maintenance of record was mandatory provision of Rules which employer failed to maintain, it was liable to be prosecuted and its oral evidence that it had not maintained. record could not be accepted--Presumption of law as such was against it---Appellant, however, discharged initial burden by stating on oath that employer did employ more than fifty workers---No credible and satisfactory reasons were advanced by employer as to why it did not maintain record---Standing Orders Ordinance 1968 being applicable to employer, worker was reinstated in service with one fourth of back benefits. Abdul Mannan v. M/s. Advance Textile Mills 1981 PLC 208; Manzoor Ahmad v. Muhammad Afzal 1990 PLC 444; M/s Humayoon Textiles, Karachi v. Abdul Rasheed 1977 PLC 223; Fatal Elahi v. Khurshid Khan and another 1979 PLC 362; Crescent Jute…

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