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Revision Nos. SL‑250 & 251 of 1984, decided on 11th December, 1984.
‑‑‑Ss. 25‑A t 36‑‑Practice and procedure‑‑Summoning of record and witnesses‑‑Question whether legal objection got to root of case and be decided before decision on merits‑‑Labour Court can summon record and witnesses for decision on such objection.
Ghulam Qadir Cheema for Petitioners.
Javed Altaf for Respondents.
Date of hearing: 9th December, 1984.
The orders, dated 26‑9‑1984 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan are informed to be against law. By the impugned orders the learned lower Court has refused to summon the witnesses of the petitioners on the ground that such a request was granted on 30‑9‑1978 but the orders were set aside in revisions by this Tribunal. The order of my learned predecessor was that objection No. 1 was to go to the root of the case, so the learned lower Court was directed to decide the same before trying the issues on the factual side of the case. Regarding other legal objections it was directed that the learned lower Court would decide if they were to go to the root of the case or not. Obviously, as legal objection No. 1 was to be adjudicated upon first and finding was to be given if the remaining legal objections were to‑go to the root of the case or not, there was no occasion to summon the record and the witnesses of the petitioner and for this reason the orders of the learned lower Court summoning the record and witnesses appears to have been set aside by my learned predecessor.
2. It has been said by both the learned counsel for the parties that the learned lower Court has to give its finding after hearing arguments if the remaining legal objections are such that they should be decided before deciding the merits of the case. So the question of summoning of record and witnesses may arise after the learned lower Court gives its finding on the points mentioned above. The previous order of this Tribunal, dated 7‑6‑1979, however, will not stand in the way of the learned lower Court to summon the record and witnesses, if any such occasion arises. With these observations, the revisions are disposed of.
A.B. Orders accordingly.
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