ABDUL BASHIR Versus GUL AHMED TEXTILE INDUSTRIES (.PVT.) LTD., KARACHI

DECISION

This is an appeal against the order, dated 3‑2‑1988, passed by the learned Presiding Officer 01 Second Sind Labour Court at Karachi.

2. I have heard Mr. Muhammad Shafiq Qureshi, learned counsel for the appellant and Mr. Abdul Hafiz, learned counsel for the respondents.

3. It appears that the learned Presiding Officer had decided the case on merits basing his finding on the facts as well as on law on averments and admissions made by the parties in their pleadings and the affidavits‑in‑evidence without giving the parties chance to cross‑examine each other's witnesses. Such procedure is not warranted by law and the finding of facts based on such evidence cannot be accepted without giving chance to the parties to cross‑examine the witnesses of the other side. As such the impugned order is set aside. The case is remanded back to the learned trial Court to decide the case on merits un prejudiced by its previous order after giving parties chance to cross‑examine each others witnesses. The parties may also be allowed to lead any further evidence, if they so desire. The application for summoning documents, if any be decided on merits by the learned Labour Court.

M.Y.H./1406/Lb. S Case remanded.