' The decision dated 20th February, 1984 passed by the learned Presiding Officer, Punjab Labour Court No, 3, Lahore at Ferozewala has been challened in this appeal.
2. The facts are that the appellant is an employee of the respondent and is living in a portion of a quarter. The case of the appellant is that he was allotted the disputed portion of the quarter and now he is being ejected illegally. On the other hand the contention of the respondent is that the quarter was allotted to Kala Khan, father-in-law of the appellant and he had accommodated the appellant. Kala Khan has been admittedly dismissed and since the appellant not being, allottee has no right, is not entitled to remain in possession. The appellant led oral evidence to the effect that there was not practice of allotting quarters by written order when the appellant had come in occupation and that in the same locality other helpers and fitters are also occupying quarters. This is noteworthy that the witnesses did not state that the appellant was allotted the quarter orally or by any written order. The evidence of mere possession is of no avail to the appellant. So far as possession is concerned, this is an admitted fact that the appellant is in occupation. P. W. 2 is, as admitted by him, related to the appellant. The appellant admitted in cross-examination that there was no rule or settlement that every employee should be allotted residential accommodation.
None of the witnesses examined by the appellant deposed that the quarter in dispute was ever allotted to him, the solitary statement of the appellant in this respect stands controverted, by the evidence of R. W.
1. There being no allotment oral or in writing, the occupation of the appellant, is unlawful and that he had no guaranteed right to apply under section 25-A of the' Industrial Relations Ordinance, 1969.
His petition thus was rightly dismissed.