' The instant appeal is directed against the impugned order, dated 7-6-1983, passed by the Sind Labour Court No.V, Karachi. The Labour Court had dismissed the grievance petition as not maintainable.
2. The facts briefly are that appellant, Allah Ditta was a Mixer Machine Operator. The allegation is that on 1-10-1983, Allah Ditta received personal injury by an accident in the course of his employment. The injury resulted in permanent disablement, the loss of one eye. He was gate- stopped and his services were terminated on 15-10-1981. Allah Ditta then served a grievance notice on 28-12-1981.
3. The respondent's stand is that Allah Ditta was a temporary worker for the Defence Garden Project of the respondent establishment. There were less 20 workers employed in the establishment as the provisions of the Standing Orders Ordinance, 1968, are not applicable. The application under section 25-A, I.R.O., 1969, is not maintainable and the Labour Court had no jurisdiction. Further, the respondent has stated that the appellant made an application against them to the Martial Law Authorities and with regard to compensation before the Commissioner for Workmen's Compensation. The appellant's own National Identity Card issued on 16-4-1976 in which the appellant is shown having already a defective eye as mark of identification and hence, he withdrew the application from the Commissioner for Workmen's Compensation.
4. Appellant filed affidavit and the affidavits of P.Ws. Huzoor Bux and Mohammad Siddiq and they were cross-examined. Respondent filed an affidavit of Rehmatullah, their Partner and the cross- examination by the appellant was nil.
5. I have heard the appellant himself. There was none present on behalf of the respondents. I have also perused the record.
6. On 10-12-1981 appellant withdraw his application before the Commissioner for Workmen's Compensation presumably that he knew that he cannot prove the case of injury to his eyes. The National Identity Card issued in his favour on 16-6-1976 indicates that the appellant had defective _eyes and it is noted in the National Identity Card as {{URDU TEXT}}The Lower Court has disbelieved the fact of accident and it appears that the appellant was aware of this when he filed the case for compensation. He, therefore, withdrew the case. The appellant admitted in his cross-examination that he got trouble in his eye on 1-10-1981. He went to Jinnah Hospital on 6-10-1981. He was taken to the Spencers Eye Hospital, Le market, Karachi, but there he was not admitted and was told that his eye would be removed. If he got the injury on 1-10-1981 why he did not go straightaway to the medical treatment and he waited upto 6-10-1981 which shows that it is a false plea taken by the appellant. His evidence is, therefore, disbelieved by the Labour Court. I feel that his inference was correct. No medical Certificate is produced by the appellant. The appellant has produced the carbon copy of the grievance notice sent by him by registered post, A/D. The alleged grievance notice on 28-12-1981 but he was removed from service on 31-12-1981. This indicates that the appellant had no grievance when the alleged notice was despatched. The notice, therefore, was premature.
7. After perusal of the record, I find that the appellant from the very beginning was a liar and he concocted his eye trouble and eye injury and without medical certificate he wanted to establish that he had an injury in the eye. The National Identity Card betrayed him and established the fact that he was not only a liar but a schemer. The order of the lower Court appears to be proper and there are no reasons to interfere with the impugned order.
8. The appeal is, therefore, dismissed.