Law:

Section:

Industrial. Relations Ordinance (XXIII of 1969)Ss. 25A & 38(3)Civil Procedure Code (V of 1908), O. XLI, R. 27 & O.XV111, R. 17=Establishment's request to Labour Court for reexamining the witness who was found to have committed errors in making his statement and for correction thereofLabour Court had rejected such request­ValidityNo witness could be allowed to amend, modify or improve upon his versionIf such practice was followed, sanctity of Court proceedings would be set at naught and party desirous of bringing on record certain evidentiary material in accordance with his interests and wishes, would get latitude in making such bids again and againSuch venture would vitiate whole process, whereby other party to litigation would be adversely affected and that process would entail miscarriage of justiceEstablishment before labour Court had closed its evidence, thereafter, little room was left for re­opening of caseProvisions for production of additional evidence in Appellate Court and for recalling and reexamining of witness by Trial Court has to be rarely availed of and only with a view to assist Court in arriving at correct and just decision and for advancement of justiceSuch eventuality is need or requirement of Court rather than that of party to litigationSuch elements were lacking in Establishment's case and no cogent reasons were stated in Court below for grant of unusual such prayerEstablishment could not be allowed to fill up lacunae in its evidence, to remove lapses and to amend or rectify testimony which suffered in certain respectsCopy of statement of witness had been tendered, and same was sought to be extensively amended or altered, which would be absolutely odd and unusualImpugned order having been rendered by Labour Court, on application of mind, and on correct appreciation of question raised before it, same would not call for interference. Syed Sajjad for Petitioner. Ch. M. Ikram Zahid for Respondent. Date of hearing: 24th November, 1996. JUDGMENT By way of this revision petition, soundness of an order dated1431996, passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, in the course of proceedings of a petition…

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