LAHORE MUNICIPAL CORPORATION Versus MUHAMMAD SIDDIQ

This is an appeal directed against the decision dated 22‑7‑1986 recorded by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby closing the case of the appellant, the grievance petition of the respondent was accepted without recording any evidence.

2. On 3‑6‑1986 the case was adjourned to 18‑6‑1986 for reply to the grievance petition. No reply was filed, therefore, the case was further adjourned to 3‑7‑1986 on payment of Rs.200 as cost. No cost was paid nor reply was filed, therefore, the case was adjourned to 22‑7‑1986 for filing reply and for payment of cost already imposed. On the date on which the impugned order was passed, the cost was not paid, therefore, the reply to the grievance petition was not accepted and closing the case of the appellant, the grievance petition was accepted. The learned lower Court could have insisted upon the payment of cost but could not refuse to entertain the reply to the grievance petition. The order is defective for this reason also that although the case of the appellant was closed, yet without recording any evidence in support of the grievance petition, the said petition was accepted. Even under Order IX, rule 6, C.P.C., where the respondent has been proceeded against ex parte, the suit can be decreed without recording evidence but in the present case firstly C P.C. was not applicable and secondly since the appellant had not become absent, nor was proceeded ex parte, the grievance petition could not be accepted without recording evidence in support of the case. According to section 25‑A (5) of the Industrial Relations Ordinance, 1969, Labour Courts have to go into all the facts of the case. Where there is no material on the record, it cannot be said that the case has been decided after considering all the facts of the case.

3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for decision on merits after allowing the appellant to file written statement, and parties have produced evidence, if any.

A.E. /295/Lb.P

Appeal accepted.