Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 25-A & 38 (3 a) Grievance petition Employer's application for recalling of employee for purpose of confronting him with certain documents Such request of employer having been turned down by Labour Court, employer had filed revision to call in question correctness of the order of Labour Court Documents in question were neither produced by the employer alongwith reply statement nor were disclosed in the pleading Effect Only such documents could be produced at subsequent stage which were not within knowledge of party concerned and were subsequently discovered and also for the reasons that their bringing on record would advance interest of justice If such documents would seek to change or substitute wholly or partially plea of party, same would not be allowed to be brought on record Documents in question were well within the knowledge of employer right from the beginning of litigation, but those neither were produced alongwith pleading nor were disclosed therein. Such documents could no be allowed to be produced for any purpose at belated stage especially when employer wanted to substitute its original plea by a new one by producing the documents. Mehboob Rizvi for Applicant. Islam Hussain for Respondent. Date of hearing: 3rd April, 2001. DECISION By its order dated 6th November, 2000 Sindh Labour Court No. V, Karachi turned down the request of the applicant Company for recalling the respondent (i.e. Qazi Zamiruddin) for the purpose of confronting him with certain documents specified in the order. This Revision Application has been filed to call in question the correctness of the said impugned order. 2. I heard the arguments of the learned counsel of both the parties Mr. Mehboob Rizvi for the applicant Company and Mr. Islam Hussain on behalf of the respondent. I have also given my best thought to the order of learned lower Court. 3. It is an admitted position that the documents by, which the respondent was to be confronted were not available on record as they were not produced alongwith the reply statement. Nor were the said documents disclosed in the said pleading of applicant Company. Thus if the respondent…

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