| Citation(s) |
|---|
| 1991 SLG 393 1991 SLD 393 1991 PLC 564 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-350 of 1989, decision dated: 6-12-1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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Appeal No. KAR-350 of 1989, decision dated: 6-12-1990.
AHMED ALI U. QURESHI, APPELLATE TRIBUNAL
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SHABBIR AHMAD
VS
DIVISIONAL SUPERINTENDENT, P.R., KARACHI and another
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Reversion---Grievance application of appellant was examined and cross-examined before Labour Court---Respondent had examined witnesses and filed their affidavit in evidence but appellant could not examine them because his counsel had fallen sick---Labour Court closed side of appellant and decided matter without waiting for counsel for appellant to cross-examine evidence for respondent---Appellant prayed for remanding case to Labour Court for decision on merit and counsel for respondent conceded to it---Record also showed that certain facts were either not properly proved or not brought on record by producing relevant documents---Impugned order of Labour Court was set aside and case was remanded back to Labour Court for giving an opportunity to appellant to cross-examine witnesses of respondent and decide matter. MA. Hassan Malik for Appellant. A.T. Mahmood for Respondents. Date of hearing: 22nd November, 1990. DECISION This is an appeal against the order of learned Presiding Officer, Sindh Labour Court No. V at Karachi, dated 7-8-1989; whereby the grievance application of the appellant was dismissed. 2. I have heard Mr. MA. Hassan Malik, the learned Advocate for the appellant and Mr. A.T. Mahmood, the learned Advocate for the respondents. 3. The appellant filed grievance application before the learned Labour Court against the order of his reversion. The appellant was examined and cross-examined in the Labour Court. The respondents had examined witnesses, namely, Mumtaz Khaliq and Abdul Wahid Noumani and filed their affidavits-in-evidence, However, the appellant could not cross-examine them because his counsel had fallen sick. The learned Labour Court had closed the side of the appellant and decided the matter without waiting further for the counsel of the appellant to cross-examine the witnesses of the respondents. In his memo of appeal, the learned counsel for the appellant had given elaborate…
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