DECISION ' This is an appeal against the order, dated 22-12-1987, passed by the learned Presiding Officer of Second Sind Labour Court at Karachi.
2. I have heard Mr.Muhammad Shafiq Qureshi, learned counsel for the appellants and Mr.Abdul Hafiz, learned counsel for the respondents.
3. It appears that the learned Presiding Officer had decided the case on merit basing his finding on facts as well as on law on averments and admissions made by the parties in their pleadings and the affidavits-in-evidence without giving the parties chance to cross-examine each other's witnesses. Such procedure is not warranted by law and the finding of facts based on such dance cannot be accepted without giving chance to the parties to cross-examine the witnesses of the other side. As such the impugned order is set aside. The case is remanded back to the learned Trial Court to decide the case on merits unprejudiced by its previous order after giving parties chance to cross-examine each other's witnesses. The parties may also be allowed to lead any further evidence, if so desire. The application for summoning documents, if any, be decided on merits by the learned Labour Court.