2000 PLP 124 (PLC)

Ss. 25-A(4)(5), 36 & 38(3-a)

Power and duty of Labour Court in adjudicating and determining grievance

Revisional jurisdiction by Labour Appellate Tribunal, exercise of

Labour Court after hearing parties, passed a speaking order giving reasons for summoning witnesses which order was within competence of Labour Court

Duty under provisions of S.25-A(5), Industrial Relations Ordinance, 1969, had been cast on Labour Court that while adjudicating and determining a grievance, under S.25-A(4) of the Ordinance, Labour Court would go into all facts of the case and pass just and proper order taking into consideration, circumstances of case

Powers exercisable under Civil Procedure Code in interest of justice had also been vested in Labour Court under S.36, Industrial Relations Ordinance, 1969-- Order passed by Labour Court which was correct and not suffering from any infirmity in law, could not be interfered with in revisional jurisdiction by Labour Appellate Tribunal. Faruq Abdul Ghani for Applicant. This is a revision application under section 38(3-a), of the Industrial Relations Ordinances 1969, against an order, dated 29-7-1999, passed by the learned Presiding Officer, Labour Court No. 1, Karachi.

2. Heard the learned counsel for the applicant/management and perused the order, impugned in this revision.

3. In support of the application, summoning a number of persons as witnesses, an affidavit has also been filed wherein it has been, inter alia, asserted that the documents, produced by the applicant along with their affidavit-in-evidence, were not mentioned in the reply statement and secondly the said documents are fabricated and bogus. The learned Labour Court, after hearing the parties at some length, passed a speaking order, giving the reasons for summoning the witnesses. The order, impugned in the revision, is within the competence of the learned Labour Court. In fact, section 25-A(5) casts duty on the Presiding Officer that while adjudicating and determining a grievance, under subsection (4), the Labour Court shall go into all the facts of the case and pass such orders, as may be just and proper in the circumstances of the case. Section 36, over and above, vests in the Labour Court, the powers, exercisable under the Civil Procedure Code in the interest of justice. '

4. I am clear in may mind that the order, impugned in this revision, is correct and does not suffer any infirmity in law. The order, impugned in the, revision is, therefore, upheld and maintained.

5. Mr. Faruq Abdul Ghani, at the end of his arguments, submits that the side of the respondent/applicant has already been closed and he will be deprived of leading further evidence. I think, if the respondents, after the evidence summoned by the learned Labour Court on behalf of the respondent/worker, is closed and if the management (applicant herein) feels the necessity to rebut the evidence, he will be allowed to do so by making an application on disclosing of proper grounds.

6. The production of witnesses, as per list, submitted by the respondent/worker, will be his responsibility. The Court will, however, render proper assistance to issue and get the summons served through legal means, available to it at the cost of respondent.

7. With the above observations, the revision application stands dismissed in limine.

8. Miscellaneous application No.230 of 1999 in view of the order, passed in the revision, the application has become infructuous and is dismissed accordingly. H.B.T./332-K/(L. Trib) Revision application dismissed.