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1975 PLC I6

MUHAMMAD IKRAM LODHI vs Messrs HOPE & HEAL, SIALKOT , .

Citation1975 PLC I6
CourtPunjab Labour Court
Case No.Appeal No. 963 of 1973
Date1973-12-05
Judge(s)Ch. Muhammad Rafiq Tarar
ResultN/A

1. ORDER Muhammad Ikram appellant has preferred this appeal against the order dated 11th October 1973 passed by the Junior Labour Court, Sialkot whereby his application for re-instatement was dismissed on the ground of lack of jurisdiction. By my order dated 2nd August 1973, the case was remanded to the Junior Labour Court for fresh decision in accordance with law. The record of the lower Court has been perused with the assistance of the leamed counsel for both the parties. The order sheet shows that the petitioner's evidence was recorded on lst October 1973, and that of the respondent on 10th October 1973. I have gone through the statements recorded on these dates which do not bear the signature of either the President Officer or the witnesses, whose statements were recorded. So these statements cannot be looked into or read as evidence in the case. It is very sad that despite my observation in the order dated 2nd August 1973 that the appellant was not given opportunity to produce the evidence, the Presiding Officer has failed to carry out the direction, lt is again a case of no evidence and it is not possible for this Court to decide it. Moreover, the pleadings of the parties are not on the file. It appears that the pre-remand file containing the pleadings of the parties has not been sent alongwith the file now before this Court. The case is again sent back, to the Junior Labour Court for fresh decision in accordance with law. The Presiding Officer is directed to record the proceedings with due care. It is hoped that there will be no such repetition in future. The parties are directed to appear before the Junior Labour Court on 12th December 1973.

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