Manthar Ali Jatoi, Member .--Being dissatisfied with the order dated 21.12.2018 passed by learned Member Single Bench, Karachi in grievance Petition No. 4B(829)/2014-K by the Respondent whereby the same was allowed and the Appellant has filed present appeal.
2. W e have heard the learned Counsel for the parties and perused record.
3. The brief facts of the case of the Respondent is that he was appointed in the Appellant Establishment on 21.03.2003 vide letter dated 01.10.2004 and he performed his duties with the entire satisfaction of the Appellant Establishment, but he was dismissed from service on 09.04.2005 through verbal orders without issuing Show Cause Notice. Hence, he filed grievance petition after service of grievance notice.
4. Perusal of record shows that after service the Appellant filed written reply but same was also without any authority letter and subsequently , the Appellant failed to appear before the Commission, hence, matter was directed to proceed Ex-parte. In Ex-parte proof Respondent submitted affidavit and also produced documents Letter of appointment dated 01.10.2004, Grievance Notice, Postal receipt, copy of Judgment dated 20.08.2007 passed by the Honble High Court Sindh Karachi, Attendance Sheet, Salary cheque dated 06.05.2003, Salary increment, Salary Slips Sheet, Approval of maintenance of motorcycle, Performance Appraisal Form, finally grievance petition was allowed by the learned Member with the observation which are given in Pares 6, 7 and 8 for ready reference the same are reproduced hereunder: "6. Perusal of record reveals that vide annexure-B, applicant was serving as Dispatch Clerk and he was also issued an employment card remained continue serving the establishment for more than a year attend the status of permanent employee, governed by the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. No authority letter or authorization has been filed by the respondents alongwith the reply statement, same cannot be considered as legal and with lawful authority . No show cause notice was issued to the applicant or charge sheet or inquiry as such termination of the applicant is in violation of. the Section 5 of the Industrial and Commercial Employment (Standing Orde rs) Ordinance, 1968. Offices of the Respondents are situated throughout the Pakistan as such the Respondents' establishment is a trans-provincial establis hment and this Commission has jurisdiction to [National Industrial Relations Commission, Full Bench at Karachi] adjudicate upon the matter . The offices of the. Respondent's shows that they are running a commercial activities; Respondents' establishments is registered private company limited being profitable business duly defined in the object and memorandum of association annexed with the case.
7. On basis of the evidence brought on record, applicant has established that Respondent is running a Commercial Establishment and there is no rebuttal' of the applicant's evidence. Applicant through production of his affidavit in evidence Ex.Pl Letter of appointment dated 01.10.2004 Ex.P2, Grievance notice Ex.P3, Postal Receipt Ex.P4, Postal Receipt Ex.PS, Copy of judgment dated 20.08.2007 passed by the Hon'ble High Court Sindh Karachi Ex.P6, Attendance Sheet Ex.P7, Salary chque dated 06.05.2003, Ex.P8, Salary increment Ex.P9, Salary slips sheet Ex.P10, Approval of maintenance of motorcycle Ex.P1 1, Performance Appraisal Form Ex.P12, fully supports the case of applicant and there is no rebuttal of the applicant's evidence.
8. In view of the above, 1 am of the opinion that applicant has succeeded to prove his case, through production of confidence inspiring evidence, hence; verbal order of his termination date 07.04.20 05 passed by the respondents is hereby set aside Applicant is reinstated into service with all back benefits. Respondents are directed to reinstate the applicant and pay his dues within one month."
5. The learned Counsel for the Appellant has contended that Respondent was appointed as Officer and Appellant Company was not Commercial Institution in this connection he has relied upon 1993 PLC 475, 1993 SCMR 672, 2009 TD (Labour) 329, 2015 TD (Labour) 39, 1997 PLC 613, 1998 TD (Labour) 138, 2001 PLC 589, 2014 TD (Labour) 93 and 2017 TD (Labour) 125.
6. We have considered the above authorities which relates to the Government Institutions like Board of Secondary Education, Punjab and University of Punjab etc. Admittedly , the Educator is Scho ol registered privately under the Registered. Company Act of Commercial Establishment in view of S-2 (b) of Standing Order Ordinance, 1968.
Admittedly , inspite of the knowledge of the pendency of the grievance petition and filing written reply Appellant chose to remain absent and evidence tendered by the Respondent before the Commission has remained un rebuttal, hence, in absence of Appellant/Respondent there was no alternative for the learned Member but to decide the petition in favour of the Respondent.
Furthermore, learned Counsel has failed to point out any illegality in the impugned order , hence, appeal stands dismissed. Order accordingly . File be consigned to record room after due completion.