LEVER BROTHERS PAKISTAN LIMITED Versus CHAIRMAN, SINDH LABOUR APPELLATE TRIBUNAL, KARACHI , M.L. Shahani

NASIR ASLAM ZAHID, J: -- This petition is fixed for hearing of the application for interim relief but, with the consent of the learned counsel, regular hearing of the petition is taken up. In the previous Constitutional Petition No.D-399 of 1987, by judgment dated 9-1-1989, this Court had disposed of the said petition as follows:-

"We therefore remand the case to the Labour Appellate Tribunal, respondent No.l, with the direction to take additional evidence on the above point and then decide the appeal in accordance with the law. The petition stands disposed of with no order as to costs."

2. The matter was taken to the Supreme Court by the petitioner but the Supreme Court dismissed the petition for leave to appeal by order dated 19-9-1989.

3. On remand, the learned Labour Appellate Tribunal passed the impugned order dated 25-1-1990 and, instead of recording the additional evidence himself and deciding the appeal, remanded the case to the Labour Court with the direction to allow the parties to lead additional evidence and then decide the case afresh on merits. Mr. Noor Mohammad, learned counsel for the petitioner, has challenged the impugned order contending that the orders passed by this Court in previous Constitutional Petition No.D-399/87 have not been complied with by the learned Sindh Labour Appellate Tribunal, From the judgment dated 9-1-1989, it is apparent that the order of the Sindh Labour Court had not been set aside but the previous order passed by the Sindh Labour Appellate Tribunal had been set aside and the matter had been remanded to the Labour Appellate Tribunal for recording additional evidence and then deciding the appeal afresh. Mr. M.L. Shahani, learned counsel for respondent No 2, submits that respondent No.2 is interested that additional evidence be recorded and then the appeal decided afresh.

4. 1n our view, the impugned order dated 25-1-1990 does not comply with the directions given by the judgment of this Court dated 9-1-1990 in the previous constitutional petition. As a result, the impugned order dated 25-1-1990 passed by the learned Labour Appellate Tribunal in Appeal No.K-69/89 is set aside and the matter is remanded to the Labour Appellate Tribunal again to record additional evidence himself pursuant to the judgment dated 9-1-1989 passed in Constitutional petition No.D-399 of 1987 and thereafter decide the appeal afresh. There will be no order as to costs. This i matter has been pending for a long time. It is directed that the parties/their representatives will appear before the learned Labour Appellate Tribunal on 13-1-1991 where after proceedings can be taken by the Labour Appellate Tribunal. The appeal may be decided within 3 months. In view of the dismissal of the main petition Misc. No.1128/90 has become infructuous.

H.B.T./L-61/K Order accordingly.