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Appeal No. SUK‑613 of 1983, decided on 18th March, 1984.

‑‑S. 38‑Appeal‑Additional evidence‑Grievance ‑petition dismis sed by Labour Court on ground that service of grievance notice not proved‑At appellate stage additional evidence shought to be produced indicative that notice duly served‑Withholding such evidence not in interest of justice‑Prayer allowed and setting aside order of Labour Court case remanded for re‑decision after opportunity of additional evidence to parties.

Hassan Hameedi for Appellant.

Mehboob Malik for Respondents.

Date of hearing : 18th March, 1984.

The services of the appellant were terminated by the respondents, vide order, dated 7th October, 1982, It is alleged that he served the grievance notice on the respondents and his grievance having not been redressed he filed an application under section 25‑A, 1. R. O., 1969 for his re‑instatement with back benefits. The learned Labour Court recorded evidence produced by the parties and finding that the grievance notice was not served on the respondents, dismissed the grievance application by the impugned order, dated 18th October, 1983, on that ground alone with out going into further merits of the case. Aggrieved by this order the appellant has filed this appeal.

I have beard Mr. Hassan Hameedi the learned counsel for the appel lant and Mr. Mehboob Malik for the respondents. Mr. Hassan Hameedi for the appellant has contended that it would be necessary to record an additional evidence in the case as the copy of the grievance notice which was served on the respondents and bears their signature in token of such service was not within his knowledge at the time the evidence was recor ded by the learned Labour Court. He has further contended that he would examine one witness to produce that document on that issue and that it would not be in the interests of justice to withhold that evidence for the purpose of consideration of the sole issue on which the entire application has been disposed of. Mr. Mehboob Malik for the respondent has frankly conceded to the contention raised on behalf of the appellant and has no objection if the case is remanded to the learned Labour Court on this ground. Accordingly, the impugned order, dated 18th October, 1983 is set aside and the case is remanded to the learned Labour Court with a direction that both the parties shall be allowed reasonable oppor tunity to produce an additional evidence if they so choose, and the case shall then be disposed of according to Law. However, if the learned Labour Court comes to the finding that the grievance notice was duly served on the respondents, the grievance application may then be disposed of on merits as well. The appeal is allowed accordingly.

A.E

Appeal allowed.

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