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Petitioner: PAKISTAN RAILWAYS, KARACHI VS Respondent: KHURSHEED ALI
Court Name: Labour Appellate Tribunal Judge(s): Ahmed Ali U. Qureshi Title: PAKISTAN RAILWAYS, KARACHI vs KHURSHEED ALI Case No.: Appeal No, HYD-293 of 1986 Date of Judgment:1989-11-23 Reported As: 1995 PLC 331 Result: Appeal dismissed
Judgment DECISION ' This is an appeal against the order of the learned Presiding Officer, Sindh Labour Court No, VI at Hyderabad, dated 28-8-1986, under which the grievance petition, filed by the respondent was allowed and refund of deducted amount was ordered to be made to the respondent. 2. I have heard Mr. Ishaq Abbasi, learned Advocate for the appellants and respondent present in person and I have gone through the record and proceedings of the case. 3. The respondent before the learned Labour Court in his Affidavit-inEvidence had averred that he was not given any opportunity to cross-examine the witnesses of the appellants in the domestic enquiry. His assertion in this respect stands unrebutted as none appeared for the appellants before the Labour Court, when the case proceeded. Even the enquiry papers were not produced before the Labour Court to rebut the assertion of appellants. The learned Labour Court, therefore, held the enquiry proceedings to be unjust and unfair and set aside the impugned order of the dismissal of the respondent. Under the circumstances, the immaterial order appears to be correct and requires no interference in the appeal, which is dismissed.