1. With the consent of the learned counsel for the parties, we have heard the main petition alongwith the listed application. This order would be read in conjunction with the order of admission of the petition passed on 29-5-1996.
2. As to the question of representation by counsel, the learned Advocates agree that the matter has been settled by a decision of this Court in Ramzan Ali & Co. v. General Secretary, Employees' Union (1996 PLC 311). We would, therefore, following such opinion, deviate, from the conclusions arrived at by the Courts in the labour jurisdiction. Such decisions, as aforesaid, would be given effect to in context. There is another question in this petition also and that pertains to summoning of a witness from the side of the petitioner No. 1 on the ground that the person concerned witnessed the execution of a particular document. It would seem that in relation to four of the workers, the relevant application was filed by the management somewhat prematurely in that evidence on the workers' grievance petitions had not yet been concluded. In such cases, it is ordered that the petitioner No. 1 would be free to move the relevant application again before the concerned Labour Court where the same would be dealt with in accordance with law. There are, however, to other workers in whose cases similar applications were filed but after the side of the workers had been closed. These similar applications were, conceivably, dismissed without any cogent reasons and before us is cited Tahira Dilawar v. Ghulam Samdani (1995 SCM R 246), which, apparently, would show that evidence of al person, who has witnessed execution, may be relevant to determine the factum of the execution of the document. As- a result, the relevant orders passed by the Labour Court are recalled, with necessary consequences, and the applications are remanded for re- consideration to be decided in accordance with the dictum in the case of Tahira Dilawar (supra).
3. The petition as well as the listed application is disposed of by consent accordingly.
4. At this stage, learned counsel further agree that the disputes pending before the Labour Court concerned shall be decided within a period of four months and causes of delay, if any, would be communicated in writing to the learned Chairman of the Labour Appellate Tribunal.