ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-5506 of 2014

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Order with signature of Judge

Present : Mr. Justice Muhammad Ali Mazhar

Mr. Justice Muhammad Iqbal Mahar

S.Shakeel Ahmed Qadri……………….……………….….Petitioner

Versus

Sindh Labour Appellate Tribunal and another.....Respondents

Date of Hearing:- 04.05.2016

Syed Anayat Hussain Shah, advocate for the petitioner

Shaikh Liaquat Hussain, Standing Counsel

………

Muhammad Ali Mazhar, J: This petition has been preferred against the order passed by the Sindh Labour Appellate Tribunal Karachi, on 22^nd September, 2014 in Appeal No.KAR-84/2012. Since in the Labour Court, the respondent No.2 failed to file their written statement despite various opportunities, therefore, they were debarred to file written statement and on the basis of affidavit-in-exparte proof, grievance petition was allowed with the directions to the respondent No.2 to reinstate the petitioner with full back benefits. This order was challenged in the appeal and the Sindh Labour Appellate Tribunal gave findings in the order that though Labour Court debarred the appellant/respondent No.2 from filing written statement but they could not be debarred from adducing evidence. The Tribunal further observed that appellant/respondent No.2 was neither allowed to cross-examine the respondent worker/petitioner nor they were allowed to lead evidence. The Sindh Labour Appellate Tribunal further observed that even last application moved by the respondent No.2 in Labour Court on 03.04.2012 was not decided. Finally after hearing the parties, the order passed by Labour Court dated 26.04.2012 was set aside and matter was remanded back to Labour Court to decide the same within 03 months after recording evidence of the parties. In our view, though in Labour Court, the respondent No.2 was debarred from filing written statement but right to cross-examine could not have been denied to them which is a basic and elementary principle of law but no such opportunity was given to the respondent No.2, therefore, Sindh Labour Appellate Tribunal has remanded back the case to Labour Court to record evidence and decide the matter on merits and we feel no need of interference in the impugned order passed by the Tribunal.

After arguing at some length, learned counsel for the petitioner submits that he would be satisfied and not press the petition if some directions are issued to Labour Court to decide the matter expeditiously as the grievance petition is pending since 2012.

In view of the above statement of petitioner’s counsel, this petition is disposed of with the directions to Labour Court-III, Karachi, to decide grievance petition of the petitioner within 02 months positively on merits and submit compliance report through MIT-II.

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