Law:

Section:

Industrial Relations Ordinance (XXIH of 1969) Ss.25 A & 38(3 a) Application to substitute affidavit in evidence by filing new one Revisional jurisdiction, exercise of Employees applicants filed first affidavit in evidence and case was adjourned for cross examination Employees on the adjourned date applied to file another affidavit in evidence before commencement of cross examination of employees but said application was turned down by Labour Court for want of sufficient reason No provision existed either in Industrial Relations Ordinance, 969 or in West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 which provided acceptance of affidavit in evidence in matters of grievance application Parties, however, could not cite any rule, regulation, notification or even a circular, issued by any Competent Authority under any law for accepting affidavit in evidence as substitute of examination in chief Parties having agreed to put in their witnesses in the witness box for examination in chief, cross examination and re examination, Labour Appellate Tribunal ordered accordingly with observation that practice of accepting affidavit in evidence should be discontinued. PLD 1975 SC 678 and 1982 SCMR 430 ref. ORDER By this common order, it is intended to dispose of four revision applications, filed under subsection (3a) of section 38 of the Industrial Relations Ordinance, 19699, for exercising revisional powers of this Court in respect of a common order, dated 13 7 1999, passed by the learned Presiding Officer, Sindh Labour Count No.5, at Karachi, in Applications Nos. 211, 215, 216 and 218 of 1998, under section 25 A of the I.R.O., 1969, whereby the prayer, made under section 151, C.P.C., for permission to substitute affidavit in evidence, by filing new one, was turned down for want of sufficient reason. 2. Mr. Shahani, learned counsel for the applicants submitted that the first affidavit in evidence was filed by the applicants on 23 2 1999. The case was then adjourned to: 10 3 1999 for cross examination. On that date another affidavit in evidence alongwith an application under section 151, C.P.C. was presented in the learned Presiding Officer…

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