| Case ID |
67d676a8-f733-4b03-a99f-5324dd6f8d59 |
| Body |
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| Case Number |
KAR-572 of 1983 |
| Decision Date |
Mar 12, 1984 |
| Hearing Date |
Feb 15, 1984 |
| Decision |
The appeal was allowed, and the order of the Labour Court was set aside. The case was remanded to the Labour Court with directions to allow a reasonable opportunity for the respondent to produce its Manager for cross-examination. The Labour Court was instructed to dispose of the case according to the law as expeditiously as possible, ideally within three months. The decision emphasized the importance of cross-examination in the discovery of truth, noting that the absence of legal evidence due to procedural missteps constituted a miscarriage of justice. |
| Summary |
This case revolves around the appeal made by an Assistant Fitter who was dismissed from his job without a show cause notice after demanding overtime pay. The Labour Court initially dismissed his grievance application as not maintainable. The appeal highlighted procedural issues during the cross-examination process, where the representative's objectionable behavior led to a miscarriage of justice. The Appellate Tribunal stressed the necessity of allowing the Manager of the respondent establishment to be cross-examined to ensure a fair hearing. The ruling underscores the significance of cross-examination as a legal tool for uncovering the truth, reinforcing the rights of workers under the Industrial Relations Ordinance. The decision aims to rectify procedural errors and uphold justice for the appellant, allowing him a chance to present his case adequately. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
G. M. Kourejo,
Muhammad Ismail
|
| Lawyers |
S. M. Kohistani,
Suleman Habibullah
|
| Petitioners |
|
| Respondents |
Messrs Fatime Textile Mills Ltd.
|
| Citations |
1984 SLD 1303,
1984 PLC 638
|
| Other Citations |
Abdul Hameed v. Malik Karam Dad, P. C. S. Election Tribunal Rawalpindi and 2 others P L D 1966 (W. P.) Lah. 16
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
36
|