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Petitioner: Raja MUHAMMAD MUNIR and 22 others VS Respondent: M/s. OMEGA FORGING LIMITED, KARACHI
Court Name: Labour Appellate Tribunal Judge(s): Mushtaq Ali Kazi Title:Raja MUHAMMAD MUNIR and 22 others vs M/s. OMEGA FORGING LIMITED,
KARACHI Case No.: Appeals Nos. 105 to 127 of 1995 Date of Judgment:1995-09-24 Reported As: 1996 PLC 160 Result: Appeals dismissed Judgment DECISION ' These are twenty-three separate appeals which are against the common order of Third Sindh Labour Court, Karachi whereby the grievance petitions of all the appellants were dismissed. 2. The learned Advocate for the respondents has raised a Preliminary objection that these appeals are barred by limitation. The order of the Labour Court was announced on 15th February, 1995. Copy was prepared on 16-2-1995 but the copy was applied for on 19-2-1995 and delivered on the next day i,e, 20-2-1995. The application for copies was made late by four days. The appeal had to be filed within thirty days i,e, by 12-3-1995 but the appeal has actually been filed on 19-3-1995. It is, therefore, clearly barred by time. 3. Even on merits it is the case of the respondents that these twenty-three workers were not engaged by them but they had given a sub-contract for work of forging in the manufacture of Motor Cycles to M/s. Mumtaz Engineering Company. The work was started and completed by them within a period of two months. These appellants were their workers and they were paid by them. They had not been engaged by the respondents. This fact has been admitted by Mr. Mumtaz of M/s. Mumtaz Engineering Company while the workers have not proved that they were engaged by Omega Forging Limited. ' They have not produced any ticket or other evidence to show that they were employed by the respondents. 4. These appeals are accordingly dismissed.