' This is an appeal under section 37(3) of Industrial Relations Ordinance, 1969, against the decision, dated 22nd September, 1998, passed by the learned Sindh Labour Court No,3 at Karachi, in Grievance Application No,29 of 1997 under section 25-A of I.R.O., 1969, whereby the said grievance application was dismissed.
2. I have heard learned counsel for the parties at some length.
3. By consent, the impugned decision is set aside and the case is remanded. At this stage, both the counsel requested in writing that the matter may be remanded to any other Court but Court No,3.
The request made orally as well as in writing (placed on record) P.37 is accepted and the case is remanded to Sindh Labour Court No,5 with a direction that Export Trade International (Private)
Limited, contractor, having office at 108, 16th East Street. Phase-I, Defence Housing Authority, Karachi, as stated in Annexure R/10, where the appellant is stated to be their employee, should be joined as party to the main case as respondent No,2. The respondent No,2. Newly added, as per order of this Tribunal, should be served with a notice and give full opportunity to lead evidence, oral and documentary in Court on their behalf. The appellant herein will have a right to cross-examine such evidence and also to lead his evidence, oral as well as documentary, if any, in rebuttal, with a right to cross-examine by both the respondents. The appeal is disposed of accordingly. The parties are directed to appear before the learned Labour Court No,5 on 4-12-1999.
4. R&P be sent back to learned Labour Court No,5 alongwith a copy of the Judgement.