Law:

Section:

1976 P L C 751 [Lahore] Before Gul Muhammad Khan, J NISAR AHMAD versus PRESIDING OFFICER, PUNJAB LABOUR COURT No. 2, LAHORE AND ANOTHER Writ Petition No. 1705 of 1975, decided on 21st January 1976. Industrial Relations Ordinance (XXIII of 1969)---- ---- S. 36(2) read with Civil Procedure Code (V of 1908), S. 2(9), O. XX, rr. 1 & 2 and O. XLI, r. 31-Judgment of Labour Court, like any other appellate Court, must be in writing, be announced publicly and signed-Oral announcement of decision made by Labour Court or subsequent written order not publicly announced-Held, not valid and effective in eye of law-Criminal Procedure Code (V of 1898), Ss. 367 & 369. The provisions of O. XLI, r. 31, C. P. C. thus leave no doubt that the of the appellate Court shall be in writing and shall include various matters as mentioned therein. It has to be pronounced and signed at the same time and has to be dated. The Labour Court is also an appellate Court and, therefore, it must conform to these requisites before it can import vali­dity to its s. If law requires that the should be in writing, be announced publicly and signed, then an oral order may be merely an intention of the Court as to what is going to be, but that certainly is not a valid, operative and a final in the eye of law. That can be altered at any time before it is announced and signed and even fresh proceed­ings can be started. Where a law provides for writing, announcing and signing a , all that must be done in that way, in order to give validity to the . All official acts are to be done in writing and moreso in case of s and orders of Courts and Tribunals, particularly when there are specific provisions as to how they are to be written and delivered. There are separate provisions for altering or amending after it has been signed. These provisions make it absolutely clear that after a has been announced and signed, a Judge cannot alter or review it except in accordance with law. The Court is then functus officio as the previous proceedings stand concluded. These restrictions, however, cannot apply to an oral announce­ment as it is not in a crystallized form. It is to be written out and it can be changed,…

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