Case Details

Citation(s)
1991 SLG 318 1991 SLD 318 1991 PLC 445
Labour Appellate Tribunal, Sindh
Appeal No.KAR-126 of 1989, decision dated: 1st October, 1989
AHMED ALI U QURESHI, APPELLATE TRIBUNAL
Raja Shams-uz-zaman for Appellants. Farooq Abdul Ghani, Representative for
Respondent.

HAZRAT JALAL and 30 others

VS

SHABBIR TILES AND CERAMICS LTD

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S.25-A---Termination of service---Retrenchment---Appellants' services were terminated by employer arid they served joint grievance notice upon employer and then filed a joint grievance petition---Appellants, who were thirty-one in number, filed affidavit in support of their case but only one was cross-examined by employer and after conclusion of his cross-examination both parties agreed that his cross-examination in case would be treated as cross-examination in all the thirty cases---During cross-examination original grievance notice was shown to appellant wherein he admitted that it did not bear signature of any of the appellants---Employer moved application for dismissal of grievance petition on said ground and Labour Court dismissed grievance petition---Held, Labour Court took decision a little prematurely and it would have been in interest of justice if appellants were given chance of cross-examination of witness of employer to prove averments made by them---Order of Labour Court was set aside and case was remanded for retrial after giving parties an opportunity of production of further evidence., if any. Date of hearing: 1st October, 1989. DECISION This appeal is filed against the order passed by learned Sindh Labour Court No. IV at Karachi, dated 13-2-1989. 2. I have heard Mr: Raja Shams-uz-Zaman, Advocate for the appellants and Mr. Farooq Abdul Ghani for the respondents and also have gone through the record and proceedings of the case. 3. Admittedly the appellants were workmen working with the respondents whose services were terminated on 11-7-1988 on account of retrenchment. Aggrieved by this retrenchment they served joint greivance notice upon the respondent and then filed joint grievance petition. All the 31 appellants have filed affidavit-in-evidence in support of their case, but one of the appellant Ahmed was cross-examined by the respondent and after conclusion of his cross-examination, both the parties agreed that his cross-examination in this case will be treated as cross-examination in all the thirty cases. In the cross-examination the original grievance notice consisting of one page was…
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