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Appeals Nos. KAR‑433 to 436 of 1978, decided on 12th March, 1979.

‑‑ S. 25‑A‑Employees of Ginning Factory taken over by Govern ment under law claiming still in service of owner of Factory on contention that owner has other establishment‑Claimant paid out of accounts of taken over Factory and working in respect thereof‑Claim, in circumstances, held, rightly rejected by Labour Court.

S. A. Chohan for Applicants.

These are 4 appeals against the order of the Sind Labour Court No. V, Karachi, dismissing the applications made under section 25‑A of the Industrial Relations Ordinance, 1969.

2. The appellants were in the employment of the respondent which was running Ginning and Pressing Factories at Mirpurkhas arid Nawabshah. Subsequently the Ginning Factory was taken over by the Government by virtue of an Ordinance whereby all the employees respect of those factories became the employees of the Corporation created by the Government by the aforesaid Ordinance. Since the appellants were also working in connection with those factories, they became the employees of the Corporation but they did not join the Corporation and instead, they treated themselves to be the employees of the respondent. But the respondent declined to recognize them as their employees by virtue of the Ordinance and its effect. Aggrieved by this, they served grievance notices and approached the Labour Court.

3. Evidence was tendered by both the parties. The Labour Court relying upon the Ordinance, dismissed the applications. Aggrieved by this, the present appeals have been filed.

4. I have heard the learned Counsel for the appellants and I find no force in the appeals which have been filed. He pleaded before me that the appellants were working at Karachi and not at Mirpurkhas and Nawabshah, therefore, the Ordinance was not applicable and they continued to be in the employment of the respondent. There is no force in this contention as the documentary proof furnished by the respon dent and relied upon by the Labour Court repelled their contentions. It is an admitted position that they were working in connection with the Ginning factories situated at Mirpurkhas and Nawabshah and also were paid their salaries and other allowances from the accounts of those factories. Indeed, the respondents were running some other concerns, but that does not mean that the appellants who were functioning in respect of the Ginning factories situated at Mirpurkhas and Nawabshah could be treated to be the employees of the respondent in respect of their other concerns or the provisions of the Ordinance 4 did not apply to them. The appellants did not join the new management and, therefore, they must thank themselves for their own default.

5. In the circumstances, the appeals are summarily dismissed.

Appeal dismissed.

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