1989 PLP 563 (PLC)
SHAHWAS KHAN and others Versus GUL AHMAD TEXTILE MILLS LTD. and another
| Citation | 1989 PLP 563 (PLC) |
| Forum / Court | Labour Appellate Tribunal Sind |
| Bench Members | Ahmed Ali U. Qureshi, Appellate Tribunal |
| Parties | SHAHWAS KHAN and others Versus GUL AHMAD TEXTILE MILLS LTD. and another |
| Primary Law | Industrial Relations Ordinance (XXIII of 1969)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 563 (PLC)?
This judgment primarily cites: Industrial Relations Ordinance (XXIII of 1969)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 563 (PLC)?
The case was heard and decided by the Labour Appellate Tribunal Sind bench comprising: Ahmed Ali U. Qureshi, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 563 (PLC) (SHAHWAS KHAN and others Versus GUL AHMAD TEXTILE MILLS LTD. and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shafiq Qureshi for Appellants.
- A.Hafiz for Respondents.
- Date of hearing: 12th February, 1989.
Headnotes / Summary
‑‑‑S.25‑A‑‑Grievance petition‑‑Labour Court decided case on merits basing its finding on facts as well as on law on averments and admissions made by parties in their pleadings and affidavits in evidence without giving parties chance to cross -examine each other's witnesses‑‑Such procedure, held, was not warranted by law and finding of facts based on such evidence could not be accepted without giving chance to parties to cross‑examine‑‑Order of Labour Court set aside and case remanded to Trial Court to decide case on merits unprejudiced by its previous order after giving parties chance to cross-examine witnesses.
Judgment & Decree
‑‑‑S.25‑A‑‑Grievance petition‑‑Labour Court decided case on merits basing its finding on facts as well as on law on averments and admissions made by parties in their pleadings and affidavits in evidence without giving parties chance to cross -examine each other's witnesses‑‑Such procedure, held, was not warranted by law and finding of facts based on such evidence could not be accepted without giving chance to parties to cross‑examine‑‑Order of Labour Court set aside and case remanded to Trial Court to decide case on merits unprejudiced by its previous order after giving parties chance to cross-examine witnesses. Muhammad Shafiq Qureshi for Appellants. A.Hafiz for Respondents. Date of hearing: 12th February, 1989. This is an appeal against the order, dated 22‑12‑1987, passed by the learned Presiding Officer of Second Sind Labour Court at Karachi.
2. I have heard Mr.Muhammad Shafiq Qureshi, learned counsel for the appellants and Mr.Abdul hafiz, learned counsel for the respondents.
3. It appears that the learned Presiding Officer had decided the case on merit basing his finding on facts as well as on law on averments and admissions made by the parties m their pleadings and the affidavits‑in‑evidence without giving the parties chance to cross‑examine each other's witnesses. Such procedure is not warranted by law and the finding of facts based on such evidence cannot be accepted without giving chance to the parties to cross‑examine the witnesses of the other side. As such the impugned order is set aside. The case is remanded back to the learned Trial Court to decide the case on merits unprejudiced by its previous order after giving parties chance to cross‑examine each other's witnesses. The parties may also be allowed to lead any further evidence, if so desire. The application for summoning documents, if any, be decided on merits by the learned Labour Court. M.Y.H./1401/Lb.S Case remanded.