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Petitioner: ABDUL BASHIR VS Respondent: GUL AHMED TEXTILE INDUSTRIES (.PVT.) LTD., KARACHIHonorable Justice Ahmed Ali U. Qureshi
[Labour Appellate Tribunal Sind]
Present: Ahmed Ali U. Qureshi, Appellate Tribunal
ABDUL BASHIR
Versus
GUL AHMED TEXTILE INDUSTRIES (.PVT.) LTD., KARACHI
Appeal No. KAR‑100 of 1988, decided on 16th February, 1989.
Industrial Relations Ordinance (XXIII of 1969)‑‑
‑‑‑S. 25‑A‑‑Grievance petition‑‑Labour Court decided case on merits basing his finding on facts as well as law on averments and admissions made by parties in their pleadings and affidavits in evidence without giving parties chance to cross -examine each other's witnesses‑‑Such procedure, held, was not warranted by law‑‑Order of Labour Court set aside and case remanded to trial Court to decide case on merits unprejudiced by its previous order after giving parties chance to cross‑examine witnesses..
Muhammad Shafiq Oureshi for Appellants.
A. Hafiz for Respondents.
Date of hearing: 16th February, 1989.
DECISION
This is an appeal against the order, dated 3‑2‑1988, passed by the learned Presiding Officer 01 Second Sind Labour Court at Karachi.
2. I have heard Mr. Muhammad Shafiq Qureshi, learned counsel for the appellant and Mr. Abdul Hafiz, learned counsel for the respondents.
3. It appears that the learned Presiding Officer had decided the case on merits basing his finding on the facts as well as on law on averments and admissions made by the parties in their pleadings and the affidavits‑in‑evidence without giving the parties chance to cross‑examine each other's witnesses. Such procedure is not warranted by law and the finding of facts based on such evidence cannot be accepted without giving chance to the parties to cross‑examine the witnesses of the other side. As such the impugned order is set aside. The case is remanded back to the learned trial Court to decide the case on merits un prejudiced by its previous order after giving parties chance to cross‑examine each others witnesses. The parties may also be allowed to lead any further evidence, if they so desire. The application for summoning documents, if any be decided on merits by the learned Labour Court.
M.Y.H./1406/Lb. S Case remanded.