DECISION This is an appeal against an order of the learned Labour Court No. 1, Karachi, dated May 14, 1971. The impugned order was passed on an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance', The Appellant had prayed for his re- instatement on the ground stated in his application under section 34 of the Ordinance. Tb learned Labour Court, relying on a letter dated 1st September. 1969. Came to the conclusion that the appellant had resigned and, therefore, was not entitled to re-instatement. Be rejected the application.
2. Mr. A. Majeed, the learned Representative for the appellant, has raised only one contention before me, i.e. That the appellant was not given an opportunity to be heard. There was a clear violation of the principle of natural justice, I have gone through the record of the learned Court. The appellant was not examined by the Court and there is no evidence whatsoever on the record of the learned Court to disclose that any of the parties were heard by the Court. The letter dated 1st Septem--ber 1969, the basis of the judgment, is also not on the record. Mr. Iqbal Habib, however, was able to produce the same. I have gone through the letter.
3. A clear distinction exists between the conclusion, which may be correct and the observance of the principle of natural justice. The conclusion, even if right, must be arrived at after giving the parties an opportunity to be heard. Mr. Iqbal Habib the learned Representative for the Bank, was not able to contest the principle laid down by the Supreme Court of Pakistan in a number of cases starting with the case of Chief Commissioner, Karachi and another v. Mrs. Dina Sohrab Katrak (PLD 1959 SC (Pak.) 45), that the party cannot be condemned without being given an opportunity to be heard. I would set aside the order of the learned Court and remand the case to it for disposal in accordance with law.