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2006 PLC 448

ALLIED BANK LTD through Attorneys vs ASIF AZIZ MEMON

Citation2006 PLC 448
CourtSindh High Court
Case No.Labour Revision Application No,3 of 2005
Date2006-01-27
Judge(s)Mushir Alam
ResultRevision allowed

ORDER

1. ' MUSHIR ALAM, J---Short controversy raised in this revision application is that, the applicant in witness box was not allowed to be confronted with certain documents.

2. ' Brief facts leading to the present revision appears to be that the respondent filed a grievance petition before the Labour Court which grievance petition was challenged by the applicant on the ground inter alia that the respondent is not performing manual or clerical job but is performing his duty as Manager administering the affairs of the Branch and his duty is that of a supervisory and administrative nature does not fall within the ambit of workman within the contemplation of I.R.O.

3. Such facts were pleaded in detail in the written statement.

4. ' When the respondent stepped into the witness box such position was confronted in order to substantiate the claim raised in defence. The respondent was confronted with certain documents pertaining to the nature of his job. Learned trial Court disallowed production of such documents on the ground inter alia that, such documents were not filed/ along with the reply statement. It may be observed that the rule of pleading is contained in Order VI Rule 2 C.P.C. Which provides that the material facts are to be pleaded in concise manner on which the party relies for his claim of defence. It is on the basis of pleading evidence is led.

5. ' There is no dispute that facts were so pleaded. Nature of job of A the Respondent No,2 is in controversy. In case the applicant are not allowed to confront the witness with documents they may not be able to prove their case in evidence and as they will have no opportunity to confront the witness of the document they may seek to rely in their evidence. The trial Court disallowing the document at the stage of cross-examination, therefore, cannot be sustained. It is always advisable that the documents confronted to a witness may be taken on record, objection as to production thereto may be recorded to be considered at trial.

6. ' In this view of the matter Revision is allowed to the extent trial Court to allow the defendant to be confronted with his service record relating to job description. LRA stands disposed of along with the pending applications.

Cited by 1 case

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