Law:

Section:

Punjab Industrial Relations Act (XIX of 2010)--- ----S. 47---Dismissal of appeal for non-prosecution---Application for restoration of appeal---Appeal was pending adjudication before the High Court in absence of the Tribunal---Appeal was transferred to the Tribunal on its re-establishment---Appeal continued to be pending, but no one appeared on behalf of the appellant for more than one year and Tribunal dismissed the appeal for non-prosecution---Appellant/ applicant went into deep slumber and filed an application for restoration of appeal almost after a year---Effect---Huge delay of more than one year had not at all been explained properly---Law required each day's delay to be explained, but no cogent or confidence inspiring explanation was given for such delay---Submission of counsel for appellant was that advocate who was incharge of the case prior to the entrustment of appeal to other counsel, did not properly pursue the matter and did not inform about the dismissal of the appeal for non-prosecution in time---Counsel had contended that delay being not intentional or deliberate, same could be condoned---Such contention was repelled as it was the requirement of law that if the counsel lately engaged in the case was not present, counsel engaged earlier should have taken charge of the case and should have appeared---Even otherwise, if the counsel for the appellant could not appear on the given date before the court, duty was cast upon the appellant to appear in the absence of counsel---Appellant was not absolved from appearance in the court---Applicant/appellant having failed to show any reasonable, cogent or plausible explanation for the absence of his counsel or for himself, application for restoration of appeal, was dismissed, in circumstances. Almas Ahmad Fiaz v. Secretary Government of the Punjab Housing and Physical Planning Development, Lahore and another 2006 SCMR 783; PLD 2008 SC 130 and Zulfiqar Ali v. Lal Din and another 1974 SCMR 162 rel. ORDER ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This application seeks the restoration of the appeal dismissed for non prosecution on 20-1-2011. 2. The background of this application is that the main appeal in the first…

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