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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A, 36 & 38(3)--Civil Procedure Code (V of 1908), O.VII, R. 10 & OXVII, R. 1--Grievance petition--Adjudication of--Practice and procedure-­Preliminary issue requiring evidence--Labour Court's order for evidence in entire case instead of only on preliminary issue as prayed by petitioner was not found incorrect--Petitioner raising plea that written statement was not verified by person who could be considered as employer hence no written statement would be deemed to have been filed and therefore, petition be allowed--Labour Court after hearing parties held that question whether person verifying written statement was an employer or not could be determined only after evidence was recorded as it was a question of fact--Petitioner was directed to file affidavit in evidence in support of his petition failing which his petition was dismissed by Labour Court--Decision impugned--Held: Petitioner workman had wrongly insisted decision on preliminary issue first and it was not proper for him to dis­obey order of Labour Court and not to file affidavit-in-evidence in support of his petition--Appeal dismissed in circumstances. Appellant in person. Date of hearing: 20th November, 1988. DECISION Appellant Tehzeebul Hasnain Zaidi 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, Kh. Najeebuddin and Kamal, 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 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…

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