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Appeals Nos. KAR. 58 to 69 of 1985, heard on 27th October, 1985.
‑‑‑Ss. 25‑A, 36 & 38(3)‑‑Practice and procedure‑‑Grievance petitions against alleged illegal termination of service‑‑Contention that number of employees employed being less than 20 provision of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 were not applicable‑‑Neither any affidavits of parties filed on point of number of employees nor parties cross‑examined by each other on such point‑‑Order of Labour Court dismissing grievance petitions, in absence of evidence, in circumstances, held, not proper and case remanded to Labour Court for redecision after evidence.
S.P. Lodhi for Appellants.
S.R. Askari for Respondents.
Date of hearing: 27th October, 1985.
This order will dispose of 12 appeals.
2. The learned representative, Mr. S.P. Lodhi for the appellants and Mr. S.R. Askari, Advocate, for the respondents argued this matter before me. The learned Labour Court No. V Karachi dismissed the grievance petition on 7‑1‑1985.
3. The facts briefly are that on 10‑7‑1984 Managing Director, Sajjad Hyder, delivered a speech intimidating the workers and forced them to take their resignations. The resignations were signed by the petitioners but their grievance was that the resignations were taken by force and that they were not paid the legal dues.
4. The stand taken by the respondents in this case are that the Standing Orders Ordinance, 1968, is not applicable in view of the fact that the workers were less than 20 in number and that the dues were paid to them.
5. I find that no evidence was adduced. No affidavit or affidavits by way of evidence on behalf of the petitioners or on behalf of the respondents were filed and cross‑examined. This is the main lacuna in this case. The proof is got to be ascertained from the examination‑in‑chief i.e. the contentions, of the appellants and they being cross examined by the respondents and also the respondents be cross‑examined by the appellants. It is, therefore, necessary to remand these cases, which are 12 in number back to the Labour Court No. V, Karachi to adduce evidence and then decide the matters. The cases are hereby remanded and hence, these 12 appeals stand disposed of accordingly.
A.E. Cases remanded.
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