Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)­ -- S. 36---Procedure-Decision and order of Labour Court-Not only to be pronounced but must be written and signed when pronounced­ Sanctity of judicial records -- Raises presumption as to decision having been recorded and announced on day when it purports to have been given unless such presumption eroded by strong circumstances­ Decision suggested to have been recorded after transfer of Presiding Officer-Not bearing seal of Court-No notice of announcement given to parties and purportedly announced after more than 18 months of filing of written arguments by parties-Circumstances coupled with instances of recording decisions in other cases after transfer, held, gravely eroded presumption of regularity or sanctity and correctness of judicial record-Such order, held, having been passed when Presiding officer had become functus officio was a case of coram non judice­ Decision and order, in circumstances, set aside and matter remanded for decision after opportunity of oral arguments to parties-Coram non judice-Words and phrases. A. Majeed for Appellants. Syed Ahmad Farooqui for Respondents. Date of hearing : 18th March 1980. DECISION This appeal is directed against a decision of the learned Sixth Labour Court, given on 2-3-1976, dismissing the petition filed by the appellant-Union under section 34, Industrial Relations Ordinance, on the ground, firstly, that the appellant-Union had failed to establish that it was the Collective Bargaining Agent in respect of the Feeder Division Establishment, secondly, that after the death of the General Secretary, who filed the petition, the succeeding General Secretary of the Union has not signed the said petition and hence the petition had not been properly presented, thirdly, that the services of the retrenched workmen in the Feeder Division had been terminated in accordance with the provisions of clauses (1) and (3) of Order XII, and hence there was no infirmity or illegality in the said orders and lastly that neither the workers were entitled to payment of any gratuity nor could the claim for gratuity be legally agitated in an application under section 34, Industrial Relations…

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