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Industrial Relations Ordinance (XXIII of 1969)---- - Ss. 36 & 38(3-a)-Procedure and practice-Recording additional evidence-Case of party closed--Additional evidence in form of a document sought to be produced subsequently within knowledge of party before closing its evidence-Plea that counsel of party did not properly conduct case and failed to decide that whole evidence had been produced-Held: Cannot be a ground for indulgence and further prolonging a case already hanging fire for a pretty long time­ Order of Labour Court disallowing such additional evidence, in circumstances, held, did not suffer from any legal infirmity and did not require interference in revision by Appellate Tribunal. Ch. Altaf Hussain for Petitioners. Date of hearing : 8th March, 1982. ORDER In this revision the order, dated 19th December, 1981 passed by the learned Presiding Officer, Punjab Labour Court No.2, Lahore has been challenged, whereby the application for additional evidence was disallowed. 2. The case has a very old history. The respondent was removed from service in 1969 and he joined the Army and became the prisoner of War. On return he requested for being taken back in service on the strength of a settlement, dated 2nd March, 1972. He was reinstated by the order of the then Junior Labour Court. The appeal challenging the said order was dismissed, but writ petition was. accepted and the case was remanded for re-decision The petitioner applied for recording evidence on preliminary points before the trial of the case on merits. The applica­tion remained un-successful but the revision was accepted and the case was remanded. Preliminary objections were decided on 19th November, 1978 against the petitioner and appeal preferred to this Tribunal also failed. Thereafter, an application for amendment of the written reply were made for raising objections namely, that the petitioner being a corporate body, its officers could not be proceeded against in their individual capacity, that the grievance notice was not served on the employer and lastly that the respondent had received full and final payments as a result of a settlement and thus was estopped from agitating the question of…

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