Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) - --Ss. 25-A, 36 & 38 (3)-Grievance petition - Adjudication of -Evidence-To be adduced in accordance with rules of Evidence Act, 1872--Neither Enquiry Officer examined nor enquiry report or other documents relied upon by employer produced before Labour Court---­Labour Court relying on evidence recorded in another case dismissing grievance petition-Failure to record evidence in accordance with rules of Evidence Act, 1872, by Labour Court, in circumstances, held, caused serious prejudice to case of petitioner (workman) resulting in miscarriage of justice hence impugned order of Labour Court set aside by appellate Tribunal and case remanded to Labour Court for recording evidence in accordance with rules of Evidence Act, 1872. Abdul Majeed for Appellant. H. A. Jafri for Respondent. Date of hearing : 3rd November, 1983. ORDER This appeal is directed against the order, dated 4th April, 1983, passed by the 1st Sind Labour Court, Karachi, dismissing the application filed by the appellant under section 25-A, I. R. O., 1969. 2. The facts leading up to the appeal briefly stated are that the appellant has been a permanent employee of the respondent establishment. He was charge-sheeted for misconduct and after an enquiry he was found guilty resulting in his dismissal from service on 5th October, 1980. He served a grievance notice on the respondent and his grievance having not been redressed, he filed an application under section 25-A, I. R. O., 1969, as stated above. 3. The respondent filed the reply statement stating his case. The parties led their evidence. The appellant examined himself, Bashir-ud­-Din, Assistant Director (Trade Unions) and the respondent examined the Factory Manager, Mr. Qutubuddin, Mehboob Sheikh, Production Incharge and Amir Ali, Secretary of the Adams Tea Workers' Union, but neither the enquiry officer was examined nor the enquiry papers or the enquiry report and other documents in respect of the enquiry relied upon by the respondent were produced in accordance with the rules of the evidence Act. In spite of it, the learned Labour Court relying on such evidence recorded in another application bearing…

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