Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-------S.O. 11-A---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Constitution of Pakistan (1973), Art.185(3)---Closure of establishment---Retrenchment of employees---Company having obtained order of retrenchment from Labour Court, employees agitated matter before Labour Department which, under the direction of Minister for Labour, carried out inspection of the factory; and vide letter concluded that Tin Manufacturing Department in the company was working with strength of 150 workers---Petitioners, in circumstances preferred application under S.25-A of Industrial Relations Ordinance, 1969 before Labour Court and succeeded in getting order of compensation---Against said order of Labour Court, Company filed appeal before High Court mainly on ground that letter in dispute which was being relied upon was not admissible as its original was not produced and that photostat thereof was not sufficient to grant relief to petitioners---High Court, while agreeing with contention of respondent, set aside order of Labour Court-Validity-Disputed letter of Labour Department relied upon by petitioners being genuine document was acceptable and High Court was not justified in law to refuse accepting same---If genuineness of said letter was doubtful, it could have referred the matter to Labour Court for taking evidence from Labour Directorate to prove genuineness of said letter---High Court could have decided case on merits instead of non-suiting petitioners on technical ground---Supreme Court remanded the case to High Court for deciding the same on merits after taking into consideration the contents of said letter---Impugned was set aside after converting petition for leave to appeal into appeal. Petitioners in person. Raja . Shams-uz-Zaman, Advocate Supreme Court for Respondents. Date of hearing: 25th November, 2005. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---By means of above noted petitions, leave to appeal has been sought against the judgment, dated 5-9-2005 passed by High Court of Sindh. 2. Precisely stating facts of the case are that respondent-Company submitted an application…

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