DECISION ' The appellant was working as a Radiographer (Technician) in the X-Ray Section of the Pathological Laboratory of Dr. Manji, Darakshan Malir. The grievance petition of the appellant has been dismissed as being not maintainable by the Fourth Sindh Labour Court, Karachi, because this laboratory is also an establishment maintained for the treatment or care of sick or infirm persons within the meaning of section 1(3)(f) of the I.R.O. And is excluded from definition of workers. The other ground for non-maintainability of the grievance petition shown by the Labour Court is that this is the unit of the Laboratory employing 8 or 10 persons and not 20 or more persons as required under the Standing Orders Ordinance for formation of commercial establishment. The learned Labour Court accordingly dismissed the grievance petition of the appellant.
2. A Pathological Laboratory in X-Ray Unit is for the benefit of sick and infirm persons. It is, therefore, excluded under the above exception. The burden of proving that there are 20 or more persons working is also on the appellant worker in the first instance and this burden is not discharged. Mere admission that 4 or 5 other persons named were also working at one time with the Pathological Laboratory does not show that they were 20 or more and they were working within one year of the grievance petition. The respondent Pathological Unit and X-Ray Laboratory is, therefore, excluded from operation of the I.R.O. And Industrial or Commercial Employment (Standing Orders)
Ordinance.
3. There is no substance in this appeal which is accordingly dismissed in limine.