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Appeals Nos. KAR‑522 to 536 of 197.3, decided on 29th August 1973

‑‑ Ss. 34 & 471,2) and West Pakistan Industrial & Commercial Em ployment (Standing Orders) Ordinance (VI of 1968), S. O. r5 Award‑Case fixed only for cross‑examination of respondents' witnes ses and not for evidence of appellant,‑Court, held, not justified in closing side of appellants, in circumstances‑Award set aside.

Abdul Hameed Malik for Appellant.

West Ahmad for Respondents

Date of hearing 29th August 1973

These are 15 appeals against an award of the learned Presiding Officer of Sind Labour Court No. II, Karachi dated June 23, 1973, whereby' the learned Labour Court ordered the re‑instatement of the respondents with full back benefits: The learned Labour Court on 20^th June 1973, closed the side of the appellant and orders d the respondents to file written arguments on 21st June 1973. The result was that the learned Labour Court accepted the evidence of the respondents and, passed the impugned award.

2. It would be useful to reproduce the order dated 20th June 1973. Ii runs as under:

"Mr. Mahmood Mubassir for the petitioner is present. Petitioner is also present. An application for adjustment of the case has been made on behalf of the respondents on the ground that Mr. Ferozedin is ill. The hearing is fixed for the cross‑examination of the petitioners in 15 applications. The cross‑examination is to be done by the Representative for the respondents. Therefore, illness of Mr. Ferozedin is rte ground for adjournment. Besides, even the authorised Representative for the respondents is not present but the application has been present by some one else. Therefore, the application is rejected, anti the side of tire respondents is closed. Case to come up on .21‑6‑1973 for Written Arguments by the petitioners."

3. On the face of it, it is rightly contended by the learned Advocate for the appellant, that the Court was not justified in closing the aide of the Appellants; so as to deprive rte appellants to produce their‑evidence and to file Written Arguments. The admitted position is that the case was fixed for only cross‑examination of the respondent's witnesses anal for evidence of the appellant's side. In these circumstances, it would set aside the award and order the appellant to file the affidavit of the witnesses that they propose to produce and give a copy thereof to Mr. Wasi Ahmad, the learned representative for the respondents by 7th September 1973. In case, any default is committed in giving the copies of the affidavits or affidavit to the Representation of the respondents by 7th September 1973, unless good cause is shown, the learned Presiding Officer of Court No. 11 would refuse to accept‑ the same. The learned Representatives of the parties hive beets directed to appear before the Court on 10th September 1973, the respondents or their Representative should cross‑examine the witness or witnesses for the appellant and address the Court on the merit of their respective pleas.

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