DECISION ' This appeal arises from the order of First Sindh Labour Court, Karachi, whereby the grievance application of respondent Ali Farman was allowed and he was ordered to be re-instated in service with full back benefits.
' The facts in brief are that M/s. N.Y. & Company, the appellant, had their godown at Osmanabad, Sarya Gali, Karachi. Their shop/office was situated at Napier Road, Karachi. The respondent was a workman at the godown since 1976. On 10-3-1993 he accidentally injured his right hand, therefore, on 19-3-1993 his services were orally terminated. He sent his grievance notice and filed grievance petition under section 25-A of the I.R.O. He was then ordered to be re-instated with full back benefits.
2. It is the case of the appellants that the shop or office of Napier Road was a separate concern from the godown at Osmanabad. They have denied that the respondent was their worker. Their contention is that the respondent was worker of the contractor. He was controlling his work and making payments. They further alleged that they had employed less than ten persons at the godown and less than five persons at the shop/office.'That the Shops Act was applicable to them and not the Standing Orders Ordinance because they employed less than 20 persons. On these points narrated above, the learned Labour Court did not frame any issues and there is no finding on them. It is a crucial point whether the Shops Act applies to their office and go down or the Standing Orders Ordinance, and whether the shop and godown are one concern belonging to the same party or two different concerns.
3. The judgment of the Labour Court is accordingly set aside and the case is remanded to the same Court for a fresh decision after recording evidence on these issues and giving correct