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2000 PLC 230

MUHAMMAD LAIQ KHAN vs Messrs HABIB SUGAR MILLS LTD. and another

Petitioner: MUHAMMAD LAIQ KHAN VS Respondent: Messrs HABIB SUGAR MILLS LTD. and another

Court: Labour Appellate Tribunal Decision Date: 1999-02-10

Full Judgment Text & Judicial Ruling

Court Name: Labour Appellate Tribunal Judge(s): Tanzil-ur-Rehman Title: MUHAMMAD LAIQ KHAN vs Messrs HABIB SUGAR MILLS LTD. and another Case No.: Appeal No,KAR-131 of 1998 Date of Judgment:1999-02-10 Reported As: 2000 PLC 230 Result: Order accordingly

JUDGMENT

JUDGMENT ' This is an appeal against the decision dated 2-4-1998 passed by the learned Third Sindh Labour Court Karachi dismissing the Grievance Application No, 67 of 1996 under section 25-A, of the I.R.O. 1969. 2. I have heard M/s Khadim Hussain for the appellant and M. Latif Saghar for the respondent. 3. Learned counsel for the appellant has taken me through the impugned order and submitted that the learned Labour Court was wrong in observing that "the record proves that the applicant was working as Supervisor/Incharge of the Departments." Except the Termination Letter placed on record describing the status of the appellant as supervisor/Incharge of the Coolie Department, there is no documentary evidence to support the view taken by the learned Labour Court. I think, the basic evidence in this case which, probably, has been withheld by the respondent is the appointment letter and the Roaster of duties. The impugned order to my mind is sketchy and does not inspire confidence. Justice should not only be done but appears to have been done. 4. I would, therefore, in the interest of justice, remand this case to the learned Labour Court No, III Karachi to summon the respondent as Court witness to produce the aforesaid two documents or any other documents which the learned Labour Court thinks necessary in the facts and circumstances of the case. ' Appeal is disposed of accordingly.

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