Law:

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(a) Civil Procedure Code (V of 1908)------0. VIII, R.1----Written statement- -Such statement, could not be considered as evidence, unless the maker of the statement appeared in the court to testify the same. (b) Industrial Relations Ordinance (XCI of 2002)--- ---Ss. 46 & 48---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)(a), S.O.1(b) & 12---Termination of service---Grievance petition---Permanent workman--Appeal to High Court---Services of appellant having been terminated, appellant filed grievance petition, which having been dismissed, he had filed appeal before the High Court---Grievance petition was dismissed on the grounds that appellant was not a permanent workman and that West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, was not applicable as number of permanent employees ,in the employer-establishment, was less than 20---Evidence on record had proved that appellant was a permanent worker of the establishment---Appellant in his affidavit in evidence had stated that establishment was employing more than 30 employees---Said assertion of appellant weht unrebutted/unchallenged as the management did not examine any witness to controvert assertion/plea of appellant or to substantiate its own stand regarding number of employees in the establishment---Contention of establishment that provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance were not applicable, was devoid of force---Labour Court had committed an error to observe that for claiming the status of a permanent workman, appellant should have produced his service card for each year as it was neither the requirement of law nor did it appeal to reason---Impugned order passed by the Labour Court was set aside and appellant was reinstated in service with back-benefits. Khadim Hussain for Respondent. Date of hearing: 11th April, 2007. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.--- Through this appeal the appellant worker has assailed the order, dated 11-7-2002 passed by Sindh Labour Court No.l, Karachi, whereby the grievance petition of the appellant was dismissed. 2. The relevant…

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