SHIRIN BACHA Versus DAWOOD COTTON MILLS LTD., KARACHI

DECISION

This appeal from the order of the Labour Court at Karachi, dated 3‑4‑1991, has arisen in the following circumstances:‑

2. Shirin Bacha and 8 others persons filed a grievance petition before the Labour Court with the allegation that they had been working with the respondent No. 1 mill for a number of years but they were not being owned by them. The respondent No. 2 had been set up only to deny them the benefits under the labour laws. When they had protested against these illegalities they had been gate‑stopped on 15‑10‑1989 and removed from employment. Finding no satisfaction from the two respondents they had filed the grievance petition.

3. Even some of the names of the applicants had been struck off by the Labour Court by order, dated 19‑9‑1990 and only Shirin Bacha pursued his matter. The respondent mill denied any relationship with the applicant and showed ignorance of the happening of 15‑10‑1989.

4. Only Shirin Bacha filed his affidavit‑in‑evidence and Qazi Abdur Rasheed on behalf of respondent No. 2 and were cross‑examined. The Labour Court for the reasons given by it, dismissed the petition.

5. The appellant in his cross‑examination maintained that he was the employee of the mill and had the time card but the same was lying in the house. There are no other documents or any paper with him. The mention of the `Contractor' as a party to the proceedings and the sending of the grievance notice also approximates with the version of the respondent No. 1 that the Weaving Section was being run by the Contractor. Documents have been filed in support of the version of the mill and seem to be free from all suspicions, I therefore, uphold the order and dismiss the appeal.

H.B.T./2048/Lb.S Appeal dismissed.