Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss.25 A & 37(3) Removal from service Re instatement Employee working as helper under employer, in order to secure rights for himself and other workers, started trade union activities which annoyed the employer who first gate stopped the employee and then removed him from service without any order in writing Employer neither appeared despite several adjournments nor had filed a written reply to grievance petition Employer having failed to appear without any reasonable cause, grievance petition filed by employee was decided ex parte against employer Employee having, fully proved that he had been removed from service for his trade union activities, his grievance petition was rightly allowed against order of his removal and he was rightly ordered to be re instated with all back benefits. 1992 SCMR 1908 and PLD 1975 SC 331 ref. M.M. Jeelani for Appellant. Ashraf Hussain Rizvi for Respondent. Date of hearing: 30th March, 2000. DECISION This case has a chequerred history of callousness of parties's counsel. It was started with grievance petition of respondent Farooq Khan as far back as 28 2 1994 and was completed with final arguments of the parties' counsel on 30 3 2000. Prima facie it is an appeal which has been preferred from the order, dated 16th February, 1998 of the learned Second Sindh Labour Court, Karachi, but the said order also covers 2 miscellaneous applications one, dated 25 10 1997 made by the respondent requesting for recall of the order of 25th August, 1997 and another, dated 1 10 1997 made by the appellants requesting for recall of the order of 16th September, 1997. 2. I have heard the elaborate arguments of the learned counsel of both the parties and have very carefully gone through the voluminous record of the case. As stated above grievance petition was filed by respondent Farooq Khan under section 25 A, of I.R.O. His case was that he was employed as a helper in the appellant's establishment and in order to secure rights for himself and other workers, he started trade union activities which annoyed the appellants who, therefore, gate stopped him with effect from 12 121993 without any order in…

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