DECISION ' Mr. Khadim Hussain Abro for the appellant is absent. There was no appearance on his behalf on all the previous hearings. No further adjournment has, therefore, been allowed.
' Mr. Asad Abbas Zaidi for the respondent-company has argued that the factory of the company is situated at Hub Chowki with Head Office at Karachi. The Unit at Larkana was established for purchase of rice to be used at the factory at Hub Chowki for manufacture of liquid sugar. The appellant was a clerk at its Unit at Larkana which employed only one more person apart from the appellant. That as such the Unit was neither Industrial nor Commercial. Establishment and the Standing Orders Ordinance was not applicable to the case of the appellant. He has also contended that the grievance application filed by the appellant was time-barred.
2. The appeal is also time-barred because the judgment was delivered on 8-1-1995, certified copy of judgment was kept ready on 9-1-1995. The copy was applied for on 8-1-1995 but the delivery was taken on 19-1-1995. The appellant will, therefore, gain time for copy of judgment as one day and not up to 19-1-1995 when he took delivery. This appeal was filed on 12-2-1995. It was, therefore, filed beyond 30 days and was time-barred by 3 days.
3. It has been rightly argued that for the purpose of Standing Orders Ordinance the Industrial or Commercial Establishment was not consisting of the factory at Hub Chowki, Office at Karachi, and Purchasing Office at Larkana. These were separate Units and, unless more than 20 persons were employed in each Unit, they cannot come within the purview of Standing Orders Ordinance. Since only two persons were employed at Larkana, the Larkana Office could not be considered as a Commercial Establishment nor was it a factory. The petition before the Labour Court was not, therefore, maintainable and I can see no ground for interference with that decision. This appeal is accordingly dismissed.