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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUNIR AHMAD VS Respondent: DISTRICT MANAGER and another
Court Name: Labour Appellate Tribunal Judge(s): Ahmed Ali U. Qureshi Title: MUNIR AHMAD vs DISTRICT MANAGER and another Case No.: Appeal No, KAR-326 of 1988 Date of Judgment:1990-10-23 Reported As: 1991 PLC 512 Result: Case remanded
Judgment DECISION The grievance petition has been dismissed only on the ground that it was not presented by the appellant but by the representative. The learned trial Court has not given any finding on merits of the case though both the parties led evidence. I find that no question was put to the appellant as to whether he was not present at the time of the presentation nor the Clerk, who made this endorsement has been examined. The learned Labour Court relied upon the endorsement of the Clerk. This decision amounts to punishing the party without giving him chance to explain which is against principles of natural justice. Therefore, by consent, the impugned order is set aside and the case is remanded back to the learned trial Court. The learned Court is directed to give opportunity to the parties to adduce evidence on the point as to whether the application was presented by the appellant in person or not. He has also to give a decision on merits of the case as evidence has been recorded, unprejudiced by his previous order or by this order of the Tribunal.