DECISION ' This is an application wherein the applicant had invoked the jurisdiction of this Tribunal under section 38 (3-a) of the I.R.O., 1969, laying information before this Tribunal and praying that R&Ps of Grievance Application No, 233 of 1985, pending in the Sindh Labour Court No, III, be called and the legality, propriety and the correctness of the order of the learned Presiding Officer, dated 18-10- 1989 be examined.
2. I have heard Mr. M.M. Jeellani, learned Advocate for the applicant.
3. It appears that in the case in question some documents relied upon by the respondents are disputed. It appears that on 9-3-1986 the respondent had moved for referring the said documents to the Handwriting Expert but no order appears to have been passed by the learned Presiding Officer either allowing application or dismissing it. It also appears that after evidence was recorded at the time of arguments this fact was pointed out to the learned Presiding Officer who than ordered by the impunged order to send the said documents to the Handwriting Expert. The only ground raised by Mr. M.M. Jeellani is that by not pressing their application for such {{BLURR}}
4. Long a time the respondent would be deemed to have given up their application and, therefore, they led evidence by examining 1 three witnesses. /Ihnit; *lc
4. As there was no order passed by the learned Labour Court dismissing the application and no positive statement of respondents giving up the application, if during the course of arguments the learned Presiding Officer considered it necessary to have the documents examined by Handwriting Expert for the purpose of fair and proper adjudication of the case, there appears to be no illegality, impropriety or incorrectness in the order to warrant interference by this Tribunal. Suo motu application is, therefore, dismissed in limine. However, both the parties will have right to lead further evidence, if they so desire, after the receipt of expert's opinion. oonunit M.Y.H./1590/Lb.S . r) 2.1nohnoT,:)51--hionmoob 10 I J.J,:G1.4., Lf,`A, VA,. WAInd t,, ?.LW