DECISION This is an appeal against an award dated May 25, 1971, whereby the learned First Sind Labour Court, Karachi, dismissed the application under section 34 of the Industrial Relations Ordinance, 1969, on the ground that "the enquiry was fair and the charge is fully proved."
2. The contention of Mr. Amanullah Qureshi, the learned Representative for the appellant is that there is nothing on the record to substantiate the finding that the enquiry was fair and the charge was fully proved. On the other hand, Mr. Amanullah Qureshi contended that the statement of the appellant in the form of an affidavit has not been challenged by the respondent and, therefore, the appeal should be allowed. The material deposition of the appellant is contained in pare. 2 of the affidavit. According to paragraph 2 of the affidavit, some persons boarded the bus at the Mazar of Baba Salahuddin. They gave a note of Rs. 10 to the appellant towards fare. While he was going to return the balance of the money, the bus was checked. This fact remained unchallenged. His cross-examination is on the back of the affidavit. It reads as under:- "The Enquiry Officer did not write what I said. My signature appears at to places. I had produced to witnesses in my defence. My signatures appear on show-cause notice. I was not produced before the District Manager."
3. The above cross-examination shows that no question was put to check the veracity of the appellant as regards his statement to para. 2 of the affidavit.
4. The learned Court in its award observed as under:- "On all these points he i3 belied by the matter on record. His signatures appear at to places on his statement. He produced 2 witnesses in his defence and his signatures appear on show-cause notice also.
5. There is no document on the record of this case. The learned Court should have taken those documents from the res--pondent and placed them on the record to enable the Appellate Tribunal to come to its own conclusion. If the necessary documents were brought on the record of the learned Court, this Court may have come to the conclusion that the statement in para. 2 of the affidavit is an afterthought. In these circumstances, I would set aside the order of the learned Court and remand the case for disposal in accordance with law.