Law:

Section:

Keywords: Order, Consideration, Social Security, Appellate Tribunal, Relief, Procedure, Constitution Of Pakistan, Constitution, Impugned Order, Costs, Petition, Issuance, Objections, Appellate Tribunal, Disposed Of, Labour Court, Prosecution, Petitioner, Set Aside, Grievance, Parties, Plea, Notice, Without Notice, Cognizance, Issuance Of Notice, Orders, Appearance Result: petition accordingly JUDGMENT MUHAMMAD HALEEM, J. --The petitioner has assailed the ex parte award dated 3rd April 1972, the order dated 12th October 1973, by which the application for setting aside the award was dismissed, the decision dated 9th March 1974 given by the Sind Labour Appellate Tribunal, Karachi and the cognizance taken upon a complaint under section 54/55 of the Industrial Relations Ordinance, 1969, hereinafter referred to as the Ordinance. 2. The facts which have led to the filing of this petition are that the third respondent was employed as a weaver in the Allied Silk Mills, Karachi. He was charge-sheeted on 2nd October 1969 for being negligent and for causing wilful damage and in the course of the inquiry he absented -himself after making an initial appearance and was ultimately dismissed from service under Standing Order 15 on 14th March 1970. Without following the grievance procedure prescribed in Standing Order 18 the third respondent filed an application before the Second Sind Labour Court on 17th November 1970 under section 34 of the Ordinance seeking his re-instatement and back benefits. In the course of the hearing of this application on 12th October 1971 the counsel for the petitioner withdrew from the case, whereupon the Second Sind Labour Court ordered the issuance of notice to the petitioner; nonetheless no such notice was issued and the Second Sind Labour Court vide order dated 3rd April 1972 granted the reliefs to the third respondent. On coming to know of the impugned order, the petitioner moved an application under Order IX, rule 13, C. P. C. Seeking to set aside the ex parte order, but this application was dismissed on 12th October 1973, against which dismissal the petitioner moved an appeal before the Sind Labour Appellate Tribunal Karachi, but was…

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