This is an appeal preferred against the decision dated 10-9-1981 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore; dismissing the grievance petition of the appellant for his re-instatement in service.
2. The appellant was a welder. On account of retrenchment he was terminated on 17-7-1980. The main ground on which 'the appellant challenged his termination is that Standing Order 13 was ignored. He did not bring on the record seniority list. With the appeal he has attached a copy by way of additional evidence seeking permission to be admitted in evidence. The respondent was asked to bring the seniority list but the order has not been complied with. The learned lower Court has held that onus being upon the appellant, he should have brought on the record the seniority list. It is doubtful if in such cases onus is upon the worker. The respondent took the initiative to terminate the service of the appellant. It was incumbent upon it to follow Standing Order 13 of the Standing Orders Ordi--nance, 1968. For such eventualities and -for the purpose of .Granting promotion, the employer has to maintain seniority list. Before terminating the services of an employee on the ground of retrenchment, it is to be seen whether he is the junior most and thus is liable to be terminated. If the order of termination is challenged, it is the duty of the employer to prove that the employee being the junior most was rightly terminated. Even if it ``' be said that since the appellant came to the Court, the onus was upon him, it stood discharged when he deposed on oath that his juniors were retained. The respondent being the custodian of the record and seniority list, was bound to produce the same to rebut the evidence.
3. The learned lower Court has not made reference to any seniority list. The observation of the learned lower Court that it was the duty of the appellant to summon the seniority list shows that when the judgment was prepared no seniority list was on the record. But now it is on the record. It is exhibited as R-2 though the exhibit mark does not bear the signatures and seal of the Presiding Officer. In the statement of the learned counsel for the respondent in the lower Court the seniority list is shown as tendered in evidence. It is doubtful if the seniority list was tendered in evidence at the. Time the learned counsel for the respondent closed the case because the lines "but produce a copy of the seniority list (admitted on behalf of the petitioner's representative) Exh R-2" appear to have been added after the statement was signed by the learned Presiding Officer. This is note-- worthy that the added line was typed with a different ribbon. The seniority list does not bear the name of Abdul Ghaffar, who, according to the appellant, was junior to him but, according to R. W. 1, he was senior to the appellant. This seniority list shown as Exh. R-2. Further contradicts the statement of R. W-1. Exh. R-2 suggests that Ijaz Muhammad is senior to the appellant, whereas R. W.
1 said that he was junior to the appellant and was retrenched before him. The copy of the seniority list brought on the appeal filed by the appellant bears the name of Abdul Ghaffar and shows him junior to the appellant. This copy purports to have been attested by the General Secretary of R. T. C.
Labour Union (C. B A.) but the designation is not given. Since it has not come from proper custody, it is not safe to rely upon .It. In the situation I am put by the parties I cannot form a definite opinion as to which seniority list is genuine and be relied upon. Both of them differ. The case, therefore, should be remanded. Only the learned Presiding Officer can say if Exh. R-2 was genuinely tendered in evidence. If it was fraudulently tendered in evidence in the statement of the counsel for the respondent, I do not think that a senior Lawyer like Mr. Muhammad Saleem Khan had done so,
4. As a result of what has been said above, I accept the appeal and setting aside the impugned decision of the learned lower Court, remand the case for re-decision after summoning the original seniority list. ,