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Industrial Relations Ordinance (XXIII of 1969)---- ---S. 37--Appeal--Additional evidence cannot be allowed to fill up omissions-­Inadvertence or negligence of party is no ground for allowing additional evidence at appellate stage. A I R 1931 (Privy Council 143 rel. DECISION This is an appeal filed by the appellant union against an impugned order dated 10-11-1987, passed by the Sind Labour Court No. II at Karachi, who had dismissed the application of the Appellants union filed under section 32(1-A) of Industrial Relations Ordinance, 1969. 2. Brief facts of the case were that the appellant union claimed to be a registered trade union in the respondent establishment enjoying the status of C.B.A., so, on 26-5-1986, it had claimed to have sent Demand Notice under section 26(1), I.R.O. 1969, to the respondent establishment and as the management did not pay any attention to it, therefore, on 15-6-1986, it had served a Notice of Demand under section 26(3), I.R.O. 1969 and also endorsing a copy of it to the Directorate of Labour which vide letter, dated 17-6-1986 had asked management to attend the joint meeting before him. It was also claimed by the appellant union that as the respondent management did not care to attend the said meeting, therefore, a Failure Certificate was issued in favour of the appellant union by the Assistant Director, Labour (Con. II), Karachi, followed by the present application under section 32(1-A), I.R.O. 1969, before the learned Labour Court. The respondent management had resisted the application on the ground that as all the office bearers of the union were outsiders and none of them was employed in the establishment, therefore, the union having No. 1/3rd of the total workmen employed in the establishment as its members/office-bearers, therefore, Failure Certificate issued by the Labour Directorate was invalid, incompetent and illegal, hence in view of this legal proposition, the application under section 32(1-A), I.R.O. 1969, before the Labour Court was liable to be dismissed as not maintainable. 3. Only evidence was led on behalf of the appellant union while the respondent management had preferred not to lead any evidence, therefore, after…

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