Case Details

Citation(s)
2001 SLG 2228 2001 SLD 2228 2001 PLC 519
Labour Appellate Tribunal, Sindh
Revision Application No. KAR 68 of 2000, decision dated: 13-04-2001.
MUNAWAR ALI KHAN, CHAIRMAN

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Messrs CADBURY PAKISTAN LIMITED through GENERAL Manager

VS

Qazi ZAMIRUDDIN and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 38(3a) Grievance petition Production of documents Substituting the original plea by new one Request of employer for recalling the employee for the purpose of confronting him with certain documents, having been turned down by the Labour Court, the employer had filed revision petition against the order of Labour Court Documents in question, despite being well within the knowledge of the employer from the very beginning of the litigation, were neither produced by the employer alongwith his reply statement nor were disclosed in the pleadings and were not produced at the time of cross examination of the employee due to an oversight Said documents could not be allowed to be produced for the purpose of confronting the employee or for any other purpose especially when the employer by those documents wanted to prove that employee was not a "workman" thereby substituting the original plea by new one Only those documents which were not within the knowledge of party concerned and were subsequently discovered, could be produced at subsequent stage provided their bringing on record would advance the interest of justice If such documents would seek to change, amend or substitute wholly or partially the plea of the party, same could not be allowed to be brought on record Labour Court, in circumstances, had rightly rejected prayer of the employer for production of documents. Mehboob Rizvi, Representative for Applicant AND Islam Hussain for the Worker. Date of hearing: 3rd April, 2001. DECISION By its order dated 6th November 2000 Sindh Labour Court No.V, Karachi turned down the request of the Applicant Company for recalling the respondent (i.e. Qazi Zamiruddin) for the purpose of confronting him with certain documents specified in the order. This revision application has been filed to call in question the correctness of the said impugned order. 2. I heard the arguments of the learned counsel of both the parties Mr. Mehboob Rizvi for the Applicant Company and Mr. Islam Hussain on behalf of the respondent. I have also given my best thought to the order of learned lower Court. 3. It is an admitted position that the…
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