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Appeal No. LHR-857 of 1979, decided on 5th July, 1982.
---S.25-A--Order of reversion challenged on ground of forged signature on application--Signatory employee appearing as his own witness--No evidence produced in rebuttal despite three chances being given- Grievance petition accepted as proved by unrebutted statement--Trial Judge, held, justified in accepting petition.
Syed Noor Ahmad for Appellant.
Muhammad Zaman Qureshi for Respondent.
Date of hearing: 27th June, 1982.
In this appeal the decision dated 14-11-1979 passed by the learned Presiding Officer, Punjab Labour Court No.1, Lahore has been challenged, whereby the grievance petition of the respondent was accepted and he was directed to be posted as time checker with back benefits.
2. The respondent was a conductor and was promoted as time checker. He is alleged to have made application Exh. D-1 for being reverted as conductor. Vide order, copy of which is Exh. P-2 dated 22-5-1979, he was reverted as conductor and he challenged the said order in his grievance petition. The respondent denied to have made application Exh.D-1 and disowned his signatures on it. He appeared as his own witness before the lower court but no evidence was produced on behalf of the appellant. Three chances were given but they were not availed of, therefore, the case of the appellant was closed. Since there was no evidence produced on behalf of the appellant, the learned trial Judge was justified in accepting the grievance petition of the respondent which stood proved by unrebutted statement of the respondent. The right course for the appellant was to get the specimen signatures and handwriting of the respondent and to get it compared by some handwriting expert or to produce evidence to show that the application Exh. D-1 had been signed by the respondent or that it was in his handwriting and bearing his signatures.
3. As a result of the observations made above, I do not find any force in the appeal and dismiss it.
M. I.
Appeal dismissed.
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