' This is an appeal under section 37 of the Industrial Relations Ordinance, 1969 against the decision dated 19-8-1998, passed by the learned Presiding Officer, Sindh Labour Court No, VII at Sukkur.
2. On going through the Judgment, impugned in the appeal, passed by the learned Labour Court, it appears that the application under section 25-A, I.R.O. 1969, was thrown out on the ground that the appellant was appointed as Tube-well Operator, during the period when there was ban on appointment Mr. Qurban Ali, learned counsel for the appellant, submits that the appellant was appointed temporarily and even during ban he could be appointed. In any case, I am of the view that the question of appointment during ban or not is irrelevant as in the face of the finding of the learned Presiding Officer that the appellant is a worker. Mr. Khursheed A. Khokhar, Assistant Executive Engineer for the respondents submits that the appellant was appointed though temporarily but on a permanent post. He referred to written statement, handed over to Mr. Himmat Ali Shah, Advocate, to be filed on behalf of the respondents. He showed me the said written statement duly signed by the respondent Executive Engineer. It appears that Mr. Himmat Ali Shah did neither file the said written statement nor appeared subsequently in the proceedings before the Labour Court. Mr. Qurban Ali submits that he will be satisfied, if the case is remanded to the learned Labour Court and he would not mind, if the respondents are allowed to file the written statement and appear in the witness-box.
3. With the above observations, the case is remanded to the learned Labour Court at Sukkur to decide the application under section 25-A, I.R.O., 1969, on merits, after affording opportunity to the respondent to file the written statement and to appear before the learned Labour Court for examination-in-chief in Court.
4. Before parting with the matter, it may further be observed that the question of appellant, being workman, having already been decided in his favour, on application filed under Order-7, rule-11, C.P.C. And having not been appealed against by the respondent, will be deemed to have attained finality.
5. With the above observations, the appeal stands disposed of accordingly by consent of the parties.
6. The parties are directed to appear before the learned Labour Court on 12-11-1999, as suggested by Mr. Khursheed A. Khokhar. The respondent under takes to file written statement on the said date.
The learned Presiding Officer will then fix a date for examination-in-chief of the respondent in Court.