| Case ID |
ed9ff43b-4bb3-465e-87db-361a9241e082 |
| Body |
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| Case Number |
Appeals Nos.MN-436, MN-437 and MN-438 of 2009 |
| Decision Date |
May 31, 2010 |
| Hearing Date |
May 31, 2010 |
| Decision |
The appeals were accepted, as the Labour Court's orders were found to be invalid due to the failure to allow cross-examination of witnesses and the inability for the appellant to present evidence. The cases were remanded back to the Labour Court for proper proceedings, allowing the appellant to cross-examine and adduce evidence before a final decision is made. The court emphasized the necessity of adhering to procedural fairness in the examination of evidence, stating that without cross-examination, the recorded examination-in-chief could not be deemed valid evidence. The Labour Court was directed to conclude the remanded cases within three months. |
| Summary |
This case involves appeals against the orders of the Punjab Labour Court which had allowed grievance petitions filed by workers, directing their regularization from the date of their initial appointment. The appeals raised significant issues regarding procedural fairness in the recording of evidence, particularly the importance of allowing cross-examination. The Labour Appellate Tribunal emphasized the necessity of adhering to legal standards in evidence presentation and the role of cross-examination in ensuring justice. The decision underscores critical aspects of labor law, including the rights of workers and the obligations of employers to follow due process in grievance hearings. This case is pivotal for understanding labor relations and the legal framework surrounding employee rights in Pakistan. Keywords: Labour Law, Employee Rights, Cross-Examination, Grievance Petition, Procedural Fairness. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAFEEZ CHEEMA
|
| Lawyers |
Zeeshan Ahmed Malik,
Mujahid Hussain Kazmi
|
| Petitioners |
GHULAM MURTAZA
|
| Respondents |
EXECUTIVE ENGINEER and others
|
| Citations |
2011 SLD 1553,
2011 PLC 76
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Act (IV of 2008),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
41,
55,
132,
133
|