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1999 PLC 474

Messrs MUGHAL WORKS vs AMIR KHALIQ

Citation1999 PLC 474
CourtLabour Appellate Tribunal
Case No.Appeal No,KAR-265 of 1998
Date1999-04-01
Judge(s)Tanzil-ur-Rehman
ResultAppeal allowed

' This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969, against the decision, dated 28th day of July, 1998, passed by the Third Sindh Labour Court Karachi, in Application No,55 of 1997 under section 25-A of I.R .0., 1969.

2. Heard the learned counsel for the appellant and have also gone through the decision of the learned Labour Court No, 3 as well as the R&P.

3. Mr. Baloch submits that the learned Labour Court has not given any finding as to the genuineness or otherwise of the documents. Produced in the case by the respondent, which, according to the appellant are forged. He, therefore, submits that the case may be remanded to the learned Labour Court with a direction to refer the disputed documents to the Handwriting Expert, Forensic Branch at the Police Headquarters, Karachi. The appellant undertakes to pay the requisites fee in this behalf. The respondent also consents to it.

4. By consent, therefore, the impugned order is set aside and the case is remanded to the learned Labour Court with a direction to get the disputed documents examined by Government Handwriting Expert, as aforesaid and decide the case afresh with his specific finding on the genuineness or otherwise of the documents, produced by the respondent. In result, the appeal stands allowed. The parties are directed to appear before the learned Labour Court No,3 on 6-4- 1999. Mr. Baloch undertakes to deposit the fee of the Handwriting Expert on 6-4-1999. The amount to be determined by the Court itself.

5. Since the case had already taken one year and ten months, it will be appreciated if the learned Labour Court decides the case afresh before the summer vacation.

' Announced in open Court. Given under my hand and the seal of the Court, this the 1st day of April, 1999.

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