' This is an application under subsection (3-a) of section 38 of the Industrial Relations Ordinance, against the order dated 11-10-1999. Passed by the learned Presiding Officer. Sindh Labour Court No,5 at Karachi.
2. Mr. Abdul Zubaid General Secretary of Hotel Mehran National Workers Union registered with the Registrar of Trade Unions, submits that he had made application for summoning Mr. Rafiullah who was advocate for the respondent. This application, for summoning Mr. Rafiullah, was refused by the learned Labour Court. Incidentally Mr. Rafiullah is present in this Tribunal in connection with another case. He, sought my permission to make his submission and stated at the Bar that a cheque, issued by the respondent, to be paid to the applicant, after the case is withdrawn, is lying with him. The case was accordingly withdrawn.
Mr. Rafiullah submits that his client had not contacted him. He further submits that he had referred the cheque to the applicant, but he refused to accept and insisted for cash.
3. I think the Court ought to have granted the application under section 36(2) of the I.R.O., 1969 for summaning Mr. Rafiullah and here I find, if not an illegality but at least an impropriety, in not summoning a witness, who is an advocate of the Court, not a common man. Particularly when it was asserted by the applicant that although he withdrew the case, but the amount was not paid to him. I, therefore, accept this revision application and direct the learned Labour Court to examine Mr. Rafiullah, Advocate, on the point in question, Mr. Rafiullah undertakes to appear before the learned Labour Court on 24-11-1999 for examination (no affidavit) and cross-examination, if any in Court.
Mr. Abdul Zubaid also will be present on that date with no adjournment.
4. The revision application is allowed. Consequent upon the order passed in Revision Miscellaneous No,446 of 1999 for summoning Mr. Rafiullah, having become infructuous, is dismissed.