Law:

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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 36 & 38(3)--Preliminary objection involving question of fact determinable after recording evidence--Decision of Labour Court that evidence on entire case be recorded was not incorrect--Petitioner insisting for decision on preliminary objection and acceptance of his petition on same basis and despite direction by Labour Court failing to file affidavit-in-evidence in support of grievance petition--Decision of Labour Court dismissing petition for want of evidence upheld in appeal. Appellant in person. Date of hearing: 20th November, 1988. DECISION Appellant, Abdul Rasheed present in person. 2. The appellant had filed a grievance petition before the learned Labour Court complaining against the promotion of some persons, junior to him and had prayed that he may be declared senior and fit for promotion in comparison to Zafar Haider and Kh. Najeebuddin, who had been illegally promoted. The grievance application was resisted by the employer on the ground that promotion was not vested right and that the said two persons were found fit for promotion by the departmental promotion committee. 3.The appellant had contended before the learned Labour Court that the written statement was not verified by the person who could be considered as an employer and as such, it may be held that no written statement had been filed and, therefore, his grievance application be allowed. After hearing the parties, the learned Labour Court, vide its order, dated 6-8-1988 held that the question as to whether the person, who had verified the written statement was or was not an employer, was a question of fact, which could be determined only when the evidence was recorded. He…

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