SANA SOHAIL KHAN vs NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss — 2022 PLC 167 LAHORE-HIGH-COURT-LAHORE

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SANA SOHAIL KHAN VS NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss.2(xxxiii) & 54---Qanun-e-Shahadat (X of 1984), Arts.117 & 120---"Workman"---Proof---Onus to prove---Shifting of onus, principle of---Applicability---Petitioner was employee of respondent / employer company who was aggrieved of her dismissal from service---Petitioner was reinstated in service but Full Bench of National Industrial Relation Commission (N.I.R.C.) declared petitioner as not a workman and maintained dismissal order---Validity---In order to approach N.I.R.C. for redress of grievance, petitioner was required to show that she fell in the definition of 'workman'/'worker'---Where evidence was led by petitioner to claim that she was a 'workman' there-after in order to challenge jurisdiction of N.I.R.C. to entertain dispute it was upon respondent/employer to show through evidence or other material available on record that petitioner was not a 'workman'---National Industrial Relations Commission to determine such aspect of the matter was required to read evidence and material available on record as a whole to reach at just conclusion in the matter---National Industrial Relations Commission could not rely upon a single sentence or a portion of evidence in piecemeal to determine the question whether petitioner was a 'workman' or not---Determination of such question was to determine jurisdiction of N.I.R.C. to entertain the dispute---Order passed by Full Bench of N.I.R.C. suffered from jurisdictional defect of misreading and non-reading of record, and the order resulted in miscarriage of justice and was not sustainable---High Court set aside order and remanded the matter to Full Bench of N.I.R.C. to decide the question whether petitioner fell within the definition of 'worker' / 'workman' and thereafter decide the dispute afresh on its own merits---Constitutional petition was allowed accordingly.

SANA SOHAIL KHAN vs NATIONAL INDUSTRIAL RELATIONS COMMISSION Ss — 2022 PLC 167 LAHORE-HIGH-COURT-LAHORE

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