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1992 PLC 351

ABDUL GHAFFAR and 7 others vs Messrs ASSOCIATED INDUSTRIES

Citation1992 PLC 351
CourtLabour Appellate Tribunal
Case No.Appeal No, KAR-344 of 1991
Date1991-09-04
Judge(s)Ahmed Ali U. Qureshi
ResultAppeal dismissed

DECISION ' This is an appeal against the order passed by the learned Presiding Officer of Sindh Labour Court No, I on 4-7-1991 dismissing the grievance petition of the appellants.

2. I have heard Mr. Nizam Bukhari for the appellants. The brief facts are that the appellants claim to be workmen working in the respondent establishment, who allegedly orally terminated the service of the appellants on 15-5-1989. After serving grievance notices upon the respondent, the appellants filed joint grievance petition before Labour Court. In the joint grievance petition before the Labour Court the impugned order of the learned Labour Court discloses, that only appellant Abdul Ghaffar was examined before him and no other appellant filed affidavit-in-evidence. During the pendency of proceedings Mr. Mushtaq Ahmed Siddiqui learned Representative for the appellants filed an application on behalf of Abdul Ghaffar withdrawing his grievance petition praying for dismissal of the grievance application as he had no grievance whatsoever against the respondent.

3. In view of the fact, that Abdul Ghaffar had withdrawn from the proceedings, the grievance petition filed by him was dismissed as withdrawn because of aforesaid application, the learned Labour Court kept the evidence of Abdul Ghaffar out of consideration while deciding the case.

Without evidence of Abdul Ghaffar no other evidence was left on record as no other appellant had examined himself or produced any evidence. The respondents have denied the assertion that the appellants were their workmen. No appointment order of the appellants was produced before the learned Labour Court. Under the circumstances the learned Labour Court had rightly. Dismissed the application as the appellants failed to prove their employment with the respondent. In this appeal also power of Mushtaq Ahmed Siddiqui alongwith his associate Mr. Nizam Bukhari has been filed.

Mr. Nizam Bukhari does not dispute the filing of the aforesaid application on behalf of Abdul Ghaffar.

' Under these circumstances I find no merit in this appeal. The appeal is dismissed in limine.

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