IQBAL EMBROIDERY MILLS versus ASHIQ ALI
Industrial Relations Ordinance 1969 Section 25 Termination of Service Challenged as an Illegal Employer The Applicant Was Not His Employee Record indicates that no employee had been issued identification tickets or cards, In favor of the employees, the oral evidence of the co-employee, in the circumstances, depends and the applicant was held, the employees were asked to be re-directed.
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.
