1991 PLP 97 (PLC)

Nemo for Respondent. Date of hearing: 4th April, 1990. This is an appeal against the order-dated 10-10-1988, passed by the Sindh Labour Court No.II, Karachi, whereby the application of the appellant under section 34 of the Industrial Relations Ordinance, 1969 was dismissed. 2. 1 have heard Mr. Mehmood Habibullah, learned Advocate for the appellant. None is present for the respondent. They were absent on last date of hearing also. The Accountant of the respondents Mr. Syed Ahmed Ali had appeared late but none has come today.

3. The General Secretary of the C.B.A. had filed application under section 34 of the I.R.O., 1969 praying the Labour Court to direct the respondents to pay bonus to the workers for the years 1985 and 1986. The respondent admitted the payment of the bonus earlier to 1985 but they did not pay the bonus in years 1985 and 1986 because of losses allegedly suffered by them during this period.

4. The respondents had filed Affidavit-in-evidence of Syed Ahmed Ali in the learned Labour Court, but he was not produced for cross-examination as such his evidence was discarded by the learned Labour Court. The person who signed written statement on behalf of the respondents was also not examined. Therefore, in fact the case of the appellant had gone unrebutted.

5. However, the learned Labour Court was of the view that the case was not proved by the appellant also. The appellant did not produce any authentic document showing that he was the General Secretary of C.B.A. For the claim for bonus, the appellant relied upon certain admissions in the written statement filed by the respondents before the learned N.I.R.C. but did not produce any certified copy of same. The order also shows, that the appellant claimed that the right of the workers was secured vide some agreement which was also not produced before the learned Labour Court. It also appears that some litigation is pending before the learned N.I.R.C. wherein the issue of bonus is also mentioned. It is not clear from the record, whether the dispute pending before the learned N.I.R.C. where two petitions have been filed has any relation to the dispute raised in the learned Labour Court.

6. Mr. Mehmood Habibullah requests that under the circumstances, the case may be remanded back to the learned Labour Court. Request appears to be reasonable. As such the impugned order is set aside. The case is remanded back to the learned Labour Court for decision on merits after giving opportunity to the parties to produce any further evidence if they so desire. M.Y.H./1650/Lb.S ????????????????????????????????????????????????????????????????????????????? Case remanded.