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1976 P L C 839 [IIIrd Labour Court Punjab] Present: Sh. Saeed Ahmad, Presiding Officer MUHAMMAD ZAMAN versus GULZAR MUHAMMAD Appeal No. 779 of 1974, decided on 17th January 1975. West Pakistan Shops and Establishments Ordinance (VIII of 1969)--- ----S 12 read with Civil Procedure Code (V of 1908); O. IX, r. 13-­Procedings before Authority--Civil in nature -Guidance to be sought from Civil Procedure Code, 1908-Ex parte order-Setting aside of---Conditions to be imposed at discretion of Authority-Discretion to be exercised judicially and not arbitrarily Employer not receiving summons--Ex parte order passed by Authority set aside on subsequent application of Employer with condition to deposit costs and surety bond equal to disputed amount -Condition imposed, in circumstances, held; not proper----Employer not having received summons, held, should not have been subjected to such conditions upon setting aside ex parte order against him. Appellant in person. Respondent in person. JUDGMENT This is an appeal under section 12 (6) of the Shops and Establishments ordinance, 1969, and had arisen in the circumstances given below. Gulzar Muhammad claimed to be an employee of Muhammad Zaman. He filed an application before the Authority under Shops and Establishments Ordinance, 1969, for recovery of Rs. 600. He stated that he was working on the Truck of the respondent and he had not been paid wages for three months. A notice was sent to the respondent. The Process-Server reported that the respondent refused to accept service. Ex pane proceedings were taken and the Authority passed an ex parte order on 10-11-1973, directing the respondent to deposit an amount of Rs. 600 in the said Court within 15 days. The respondent filed an application to set aside the ex parte order. On 7-10-1974, the ex parte order was set aside on the condition that the respondent would pay a sum of Rs. 70 as cost and would also deposit a surety bond to the tune of Rs. 600. The case was adjourned for further proceedings on 22-10-1974. Again the case was adjourned to 31-10-1974. On that date learned Authority observed that the conditions imposed o n the respondent were not complied with and so the original…

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