PAK TELECOM MOBILE LIMITED vs MUHAMMAD ATIF BILAL Ss — 2024 SCMR 719 SUPREME-COURT

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PAK TELECOM MOBILE LIMITED VS MUHAMMAD ATIF BILAL Ss. 2(xxxiii) & 33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 2(i)---Grievance of an aggrieved worker---Whether a worker---Onus of proof---Regarding the onus of proof, it is trite law that the initial onus is on the person asserting a fact for seeking a relief---In the present case initial onus was upon the aggrieved 'worker' to prove that he was a 'workman' under both statutes i.e. the Industrial Relations Act, 2012 and the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. Citation Name: 2024 SCMR 719 SUPREME-COURTBookmark this Case PAK TELECOM MOBILE LIMITED VS MUHAMMAD ATIF BILAL Ss. 2(xxxiii) & 33---Individual grievance of a worker, who has been terminated, removed, retrenched, discharged, or dismissed from employment in a trans-provincial establishment---Redressal---Competent forum---Appropriate forum of redressal for a workman who is terminated, removed, retrenched, discharged, or dismissed from service in a trans-provincial establishment is NIRC, as provided under Section 33 of the Industrial Relations Act, 2012 (IRA of 2012)---Said provision states that a 'worker' may bring his grievance in respect of any right guaranteed or secured to him by or under any law---Competent forum for the redressal of personal grievance of a 'worker/ workman' of a trans-provincial establishment is NIRC, and the mode and manner of enforcing any right guaranteed or secured to him by or under any law has been provided under section 33 of the IRA of 2012. Citation Name: 2024 SCMR 719 SUPREME-COURTBookmark this Case PAK TELECOM MOBILE LIMITED VS MUHAMMAD ATIF BILAL Ss. 2(xxxiii) & 33---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.2(i) & Sched., S.O. 12(3)---Individual grievance of a worker, who has been terminated, removed, retrenched, discharged, or dismissed from employment in a trans-provincial establishment---Redressal---In case a 'workman' is terminated, removed, retrenched, discharged, or dismissed from service in a trans-provincial establishment, he would be required to first prove that he fulfills the conditions precedent of a 'workman' provided under the Industrial Relations Act, 2012 (IRA of 2012), to render his individual grievance maintainable under Section 33 of the IRA of 2012---Once, the grievance petition is held to be filed by the legally competent person, then in order to enforce his rights under Standing Order 12(3) of Schedule to the Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), the aggrieved petitioner would have to prove that he is a 'workman' envisaged under section 2(i) of the said Ordinance.

PAK TELECOM MOBILE LIMITED vs MUHAMMAD ATIF BILAL Ss — 2024 SCMR 719 SUPREME-COURT

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