Law:

Section:

Industrial Relations Ordinance (XCI of 2002)-------Ss. 46 & 47(3)---Dismissal from service---Grievance petition, dismissal of---Appeal---Appellant who was a permanent workman in the establishment and an active trade unionist, was verbally dismissed from service---Grievance petition by appellant against order of his dismissal from service, having been dismissed by Labour Court, appellant had filed appeal against said dismissal--Appellant led evidence in which he corroborated contents of his grievance petition, but establishment neither cross-examined appellant nor adduced any evidence in support of his case---Evidence adduced on oath, if not challenged by way of cross-examination would be deemed to have been accepted in toto by opposite party---Establishment neither having cross-examined appellant nor adduced any evidence on oath in support of his case to controvert evidence brought on record by appellant, Labour Court was required to accept version of appellant which had gone unrebutted and unchallenged---Mere filing of written statement by establishment could not be treated as evidence---Written statement and documents annexed therewith by establishment, having no evidentiary value was of no consequence---Labour Court had not' followed the 'law and proceeded to decide case in contravention of law and against evidence on record---Impugned was liable to be reversed---Allowing appeal of Labour Court was set. aside by the High Court and grievance petition stood allowed as it had fully been proved that appellant after dismissal from service having remained without any alternate employment despite his best efforts; he was granted back-benefits and compensation equivalent to 15 months' wages. Ashraf Hussain Rizvi for Appellant. Khadim Hussain for Respondent. Date of hearing: 1st February, 2006. JUDGMENT MUHAMMAD MOOSA K. LEGHAIR, J.---This appeal is directed against the order dated 5-5-2003 passed by the Sindh Labour Court No.2, Karachi whereby the grievance petition filed by the appellant was dismissed. 2. Brief facts of the case, as per memo of appeal, are, that the appellant was a permanent workman in the respondent-Establishment and was an active trade…

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