Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), Ss. 1(4) & 2(i)---Grievance petition filed by employee against his termination was concurrently dismissed by Courts below on ground that employee was not a 'workman" within meaning of Standing Orders Ordinance, 1968, as number of employees employed by employer was less than 20 and consequently provisions of Ordinance, 1968 were not applicable to case---Cross-examination of one of witnesses produced by employer had made it doubtful whether number of employees employed by employer was less than 20---Entire evidence required proper scrutiny in order to arrive at a conclusion whether employees employed by employers was 20 or less as Appellate 'Tribunal below had not dealt with that important issue properly---Case remanded for fresh decision in accordance with law and facts of case. M. Nawaz Abbasi for Petitioner. Qadir H. Saeed for Respondents. Date of hearing : 11th May, 1992. JUDGMENT MAMOON KAZI, J.---The petitioner is aggrieved by the decision of the learned Labour Appellate Tribunal dated 22-7-1985, holding that the number of employees employed by respondent No. 1 was less than 20 and consequently, the provisions of Standing Orders Ordinance were not applicable to the case. 2. Briefly stated, the facts of the case are that services of the petitioner were terminated by respondent No. 1. He filed a grievance petition before the learned Labour Court which was decided on 5-8-1980. The learned Labour Court dismissed the grievance petition on the ground that the petitioner was not a "workman" within the meaning of the Standing Orders Ordinance. Being aggrieved by such decision the petitioner filed appeal before the learned Labour Appellate Tribunal which dismissed the appeal on the ground that the number of employees employed by respondent No. 1 was less than 20 and as such the provisions of Standing Orders Ordinance were not applicable to the case. Reliance was placed by the learned Labour Appellate Tribunal upon a memorandum of settlement which showed that there were 14 categories of employees working with…

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