ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- The captioned three appeals are directed against the orders dated 15-4-2009 passed by the learned Presiding Officer, Punjab Labour Court No,9, Multan whereby the grievance petitions filed by the respondents were allowed and the appellant was directed to regularize them from the date of initial appointment. As these appeals involve common questions of law and facts, they are being disposed' of by means of this consolidated single judgment.
2. The facts of the case briefly are that the respondents filed grievance petitions claiming as workmen that they had put in sufficient length of service entitling them to claim permanence. The petitions were resisted by the appellant and a number of preliminary objections were raised.
3. The learned counsel for the appellant has assailed the validity of the impugned orders on the ground that examination in chief of the respondents was recorded and the case was fixed for the cross-examination of the witnesses but without recording the cross-examination and without allowing the appellant to adduce their evidence, the learned Labour Court arbitrarily decided the case.
4. Learned counsel for the respondent however argued that there was no need to record evidence because the facts themselves showed that the respondents served the department for a requisite period and had attained regularization by afflux of time.
5. Arguments have been heard and record has been perused.
6. When the examination in chief is recorded and the case is fixed for cross-examination of the other party in such a situation if cross-examination is not allowed, the law does not recognize the statement recorded in chief which shall not be deemed to be the evidence. Even otherwise in these cases the learned Labour Court has proceeded without any valid justification and had not allowed the appellant even to adduce their evidence.
7. The impugned orders are therefore obviously invalid and the appeals are accepted. The cases are remanded to the learned Labour Court for allowing the appellant to cross-examine the witnesses and so also adduce their evidence. After this process is complete the learned Court may decide the case after hearing arguments as warranted by law. However, the cases shall be disposed of within a period of three months.