Law: Punjab Industrial Relations Act, 2010

Section: 33,47

Law: Limitation Act, 1908

Section: 181

Punjab Industrial Relations Act (XIX of 2010)--- ----Ss. 33 & 47---Regularization of service---Grievance petition---Ex parte proceedings and order, setting aside of---Employers, on date of hearing having absented from the court, were proceeded ex parte and then after recording evidence, grievance petition of the workmen was accepted---Employer being aggrieved by said order made a petition before Presiding Officer for setting aside ex parte order, which was dismissed---Validity---Law Officer of the employer had contended that absence was not deliberate, but was due to ill health of the representative of the employers---Application for setting aside ex parte proceedings and order was filed by the employers after 7-1/2 months of passing of ex parte , whereas period of 30 days was available for filing of said application under Art. 181 of the Limitation Act, 1908---Question of limitation could not be considered a "technicality" simpliciter, as it had got its own significance and would have substantial bearing on merits of the case---Law of limitation was required to be followed strictly---Employers were required to explain the delay of each day in filing of petition, but no plausible explanation was given---Ill health of representative was alleged for non-appearance before the court, but no proof was produced in that respect---Trial Court had rightly dismissed the petition---Impugned of the Trial Court, being in accordance with law, same was maintained and appeal being without merits was dismissed, in circumstances. 1992 SCMR 707; 1979 CLC 288 and PLD 1989 SC 627. ref. PLD 1976 SC 258; 1978 SCMR 367; PLD 1958 SC 104; PLD 1956 FC 72; PLD 1964 SC 97; PLD 1949 PC 45; PLD 1969 Lah. 1039; PLD 1973 SC 236; PLD 1975 SC 331; 1989 SCMR 467; 1949 SCMR 271; 1988 SCMR 1354; 1987 SCMR 1606; 1989 SCMR 1149; 1981 SCMR 244; 1984 SCMR 177; 1956 AC 736; PLD 1959 SC 276; 1977 PLC (C.S.T) 165 and PLD 1990 SC 692 rel. THIS ORDER PASSED BY: JUSTICE (R) SYED IFTIKHAR HUSSAIN SHAH, CHAIRMAN.--- This appeal has been preferred against the judgment dated 13.10.2017 passed by the learned Presiding Officer, Punjab Labour Court No. 09, Multan whereby an application made by the appellants…

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