1976 PLP 894 (PLC(CS))

Ch. Fazal Din for Appellant. Syed Zafar Rizvi for Respondent. This is an appeal under section 36-D of the Industrial Relations Ordi nance, 1969, filed by the employer, against an order dated 7th December 1974, passed by the Junior Labour Court No.1, Lyallpur, whereby the employee was ordered to be re-instated with back benefits. The respondent Mr. Ashiq Ali filed a petition under section 25-A of the Industrial Relations Ordinance, 1969, for re-instatement. He alleged that he had been working in Messrs Iqbal Embroidery Mills, Sargodha Road, Lyallpur for six months and that he was removed from service on 18th August 1974 without serving a notice of one month on him or without a charge of mis conduct. In reply, the employer stated that Ashiq Ali was never his employee. He said that Mr. Ismatullah the General Secretary of the Trade Union hailed from the village of the respondent and for the purposes of blackmailing he instigated the respondent to file this false and frivolous application. The Trial Court recorded the statement of Ashiq Ali as P. W,

1. He said that he bad been working in the Establishment of the employer of the six months. He admitted that no social security card or employment ticket was issued to him. He said that such cards or tickets were not issued to any of the other workers of the employer. He was supported by Muhammad Siddiq (P. W. 2), who was an employee of the same establishment. During further proceedings the employer absented himself and ex parse proceedings were taken against him. On the basis of evidence produced by the employee the lower Court directed re-instatement with back benefits. The first question in this appeal is whether ex parse proceedings in this case were not proper. The record shows that a representative of the employer remained present throughout the proceedings. The evidence of the employee was closed on 8th November 1974. The case was adjourned to 22nd November 1974 for recording evidence of the employer. On that day no evidence was brought and so the case was adjourned to 29th November 1974. Again no evidence was produced by the employer and the case was adjourned to 7th December 1974. On that date the employer his representative became absent and so ex parte proceedings were taken against him. In appeal it is stated that on 7th December 1974, the counsel of the employer was ill and that the representative of the employer informed the Reader of the Court about the illness of his counsel and that the Reader told the representative to file an application but when the representative went to bring the application and came back the case had already been decided. The explanation does not ring true. There is no application on the record of the Lower Court that the counsel of the employer was sick on the said date of hearing. No affidavit of the counsel or the Reader of the Court has been filed. The Lower Court was justified to take ex parte proceedings in this case. The next question is whether Mr. Ashiq Ali had been working for six months in the establishment of the employer. His statement supported by another worker of the same establishment proves beyond any manner of doubt that he was an employee. It is stated in this evidence that the employer A had not been issuing social security cards and other tickets to any of employees Believing this evidence I hold that the respondent was an employee in the establishment of the employer. The appeal has no merit and the same is hereby dismissed.