1983 PLP 699 (PLC(CS))

The record and proceedings in the case of Messrs Khawaja Autocars Ltd. v. Syed Abdul Rehman under Standing Order 11‑A relating to the prayer of Khawaja Autocars Ltd., for the closure of their establishment was called for by this Tribunal in the exercise of the suo motu powers of revision under subsection (3‑a) of section 38, I. R. O., for the purposes of examining the legality, correctness and propriety of the order passed on 31‑5‑1982 by the learned IVth Labour Court on the application filed by the respondent in the said case, Syed Abdul Rehman, for summoning certain witnesses. It appears from the comments of the learned Presiding Officer, which were called, for that the said application was rejected in Chambers without hearing the respondent or his learned representative or giving them an opportunity of hearing. It is the case of the respondent, Syed Abdul Rehman, that there is no justification for the closure of the establishment of Khawaja Autocars Ltd. and that wide publicity is being carried on by Khawaja Autocars for the sale of their products. The application for the summoning of witnesses made by respondent Syed Abdul Rehman was also in support of this contention.

2. Mr. Ashraf Hussain Rizvi, the learned counsel for respondent Syed Abdul Rehman has very fairly given up witnesses Sadiq, Asghar Ali, Manager of Alhassan Industries and the Registrar of Firms and has only supported the application for the summoning of the remaining 4 witnesses cited in the application. These remaining 4 witnesses are only on the point of the alleged publicity being carried on by Khawaja Autocars Ltd., in respect of their products. Mr. Suleman Habibullah for Khawaja Autocars submitted that he has no objection to these witnesses being examined by the respondent, Syed Abdul Rehman. He, however, requested that a direction be given to the learned Labour Court to dispose of the case with specified time as the matter has been pending in the Court since March, 1982.

3. In view of the admitted position that the application made by respondent Syed Abdul Rehman was rejected by the learned Labour Court without giving an opportunity to him or his learned counsel of hearing and submitting arguments in support of the application for summoning of witnesses, and further in view of the statement made by Mr. Suleman Habibullah that he has no objections to the summoning of the first 4 witnesses cited in the application of respondent Syed Abdul Rehman, I would set aside the order of the learned Labour Court, dated 14‑5‑1982, and would direct that the said 4 witnesses be summoned and examined by the learned Labour Court. I would further direct to the learned Labour Court to dispose of the main case within one month from today. Appeal accepted.