DECISION ' This Revision Application is moved by the applicant union praying that this Tribunal may exercise its suo motu powers of rcvisional jurisdiction under section 38(3-a) of the Industrial Relations Ordinance, 1969 and consider the legality, correctness and propriety of the order dated 22-10-1990, passed by, the learned Presiding Officer, IIIrd Sindh Labour Court at Karachi, in Case No, 80/88 under Standing Order 11-A.
2. I have heard Mr. Muhammad Shafiq Qureshi learned counsel for the applicant and Mr: S.S. Jehangir learned counsel for the respondents and have perused the record and proceedings of the case.
3. The contention of Mr. Shafiq Qureshi is that the respondent had filed an application under Standing Order 11-A for permission to close down the establishment on the ground that they had suffered losses. He contends that this application was filed when there was strike in the factory and later on strike was called off and factory had been running in full strength from 16-9-1989 and the respondent had engaged more workers. He contends that he wanted to produce evidence that respondent had not suffered losses in the years 1984, 1985, 1986 and 1987 as alleged by them and also wants to summon two witnesses namely Mr. Hafeez Baig and Assistant Director Labour, West Division, Karachi, therefore he moved application requesting for summoning the above witnesses and certain record from the respondent, Mr. Jehangir contends that this application was moved late for the purpose of delaying the proceedings but conceded that there was no bar or limitation on the party with respect to summoning of witnesses and documents. Mr. Shafig Qureshi undertakes not to seek adjournment on the dates when the witnesses appear or when the documents are produced.
4. After hearing the parties and in the interest of justice, I order That the witnesses Mr. Hafeez Baig and Assistant Director Labour, West Division, Karachi, be summoned and also following documents be summoned from the respondent:--
(1) Attendance register for the year September, 1989 to September, 1990.
(2) List of all workers including the temporary, casual and daily wages workers working on 30-9- 1990.
(3) Income-tax Assessm ent orders for the years 1984, 1985, 1986 and 1987, if passed by the Income- tax Authorities.
(4) Minutes of that meeting of Board of Directors in which resolution oft A closure of the factory was passed.
5. The order of the learned Labour Court is modified to the above extends and the Revision Application is disposed of accordingly.
6. Mr. S.S. Jchangir undertakes to produce the aforesaid documents' within one month. The learned Labour Court is directed to fix the case within one month and dispose of the case as early as possible.