Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)------ ----S. 25-A read with Civil Procedure Code (V of 1908), O. IX, r. 4--­Dismissal for default-Restoration of proceedings-Sickness certificate indicating sickness on date subsequent to date of hearing-No explana­tion for absence on date of hearing-Plea that counsel was unable to attend-No affidavit of counsel produced-Prayer for restoration, in circumstances, held, groundless and rejected. Petitioner in person. Ch. Imtiaz Ahmed for Respondent. ORDER Muhammad Qasim brought an application for the restoration of his petition of re-instatement in the former Junior Labour Court, Rahimyar Khan, on 6-12-75. The petition was dismissed in default of his appearance on 24-10-75. He enclosed a medical certificate of his sickness alongwith the application for restoration according to which he was suffering from Dysentery on 24-11-75 without mentioning anything about his physical position on 24-10-75 when his petition was dismissed. The learned Pres­iding officer ref the junior labour Court after hearing the parties on the said application restored the petition vide his order dated 30-1-76 when his Court bad become defunctus officio and all the cases pending in that Court stood automatically transferred to this Court under the provision of Labour Laws (Amendment) Ordinance, 1975. As the case came up for hearing on merits this Court formed the view that the order of restoration passed by the former Junior Labour Court on 30-1-76 could not be sustained as having been passed without jurisdiction on 30-1-76. The original applica­tion was deemed to have been finally disposed of against the petitioner. The petitioner went in appeal against this order dated 13-4-76 and the learned Punjab Labour Appellate tribunal in its judgement dated…

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