| Citation(s) |
|---|
| 2001 SLG 1569 2001 SLD 1569 2001 PLC 223 |
Labour Appellate Tribunal, Sindh
Appeal NoXAR 279 of 1999, decision dated: 28-08-2000, hearing DATE : 23rd August, 2000
MUNAWAR ALI KHAN, CHAIRMAN
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Appeal NoXAR 279 of 1999, decision dated: 28-08-2000, hearing DATE : 23rd August, 2000
MUNAWAR ALI KHAN, CHAIRMAN
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SHAIR BAHADUR
VS
Messrs MOTIWALA INDUSTRIES and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969) Ss. 2(viii), 25 A & 37(3) Grievance petition Relationship of employer and employees Proof Appeal before Labour Appellate Tribunal Petitioner/appellant had claimed that he was appointed as "Jiggarman" but his two 'years' service was terminated without giving him any termination letter Respondent resisted grievance petition denying relationship of employer and employee between the parties Grievance petition having been dismissed, petitioner had filed appeal before Labour Appellate Tribunal Petitioner/appellant had himself admitted that he was not given written appointment order nor documents like Identity Card, Social Security Card, Leave Pass and other documents Even termination order was not given to petitioner/appellant in writing Petitioner/appellant having miserably failed to prove his employment with respondent, Labour Court had rightly dismissed his grievance petition. DECISION The appellant's case as stated in his Memo. of Appeal is that he was employed by the respondent (M/s Motiwala Industries, Plot No.D/103, S.I.T.E., Karachi) as Jiggerman, though he was not given written appointment order nor Identity Card, Social Security Card, E.O.B.I Card, Leave Pass and other documents relating to the employment despite his insistence for giving all such documents to him. He has further stated that he was the only employee whose wages were not increased at the time when the wages of other workers were increased. According to the appellant when he requested the respondents for increase in his wages, they got annoyed and terminated his 2 years services without giving him any termination letter. As they did it in violation of the relevant law he sent a mandatory grievance notice to the respondent No. l whose reply to the notice was unsatisfactory. Thereafter; he filed grievance petition which was dismissed by the learned Third Sindh Labour Court vide its order, dated 28th September, 1999. Aggrieved by the said order he has come in the present appeal. 2. I have heard the arguments of the appellant's representative Mr. Shamsher Khan and of learned counsel Mr. Rafiullah appearing for the respondents. I have alsoβ¦
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