Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 2(ii), (xiii), 37(3)

Law: Civil Procedure Code (V of 1908)

Section: IX, r. 13

Industrial Relations Ordinance (XXIII of 1969) Ss. 2(ii), (xiii) & 37(3) read with Civil Procedure Code (V of 1908), O. IX, r. 13-Refusal to set aside, ex parte order-Not at adjudication of industrial dispute hence not an award-Not appea l able-Award, held, would not remain dormant till disposal of apply section under O. IX, r. 13, Civil Procedure Code-Limitation of 31 days to run from date of award and not from date of disposal d application to set it aside. Date of hearing: 23rd May 1973.                                                                                                                         ORDER         This is an appeal against an order of the learned Presiding Officer of Sind Labour Court No. 1, Karachi dated April 4th 1973, whereby the learned Labour Court dismissed the application of the Appellant filed under Order IX, rule 13 of the Code of Civil Procedure. Mr. Wasi Ahmad, the learned Representative for the respondent, has take a preliminary objection that no appeal is maintainable against the impugned order as it cannot be said to be an award .Award is defined under section 2111) of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), to mean---- "the determination by a Labour Court, Arbitrator or Appellate Tribunal of any Industrial dispute or any matter relating thereto and includes an interim award." 2. Mere refusal to set aside an order cannot be said to be an industrial…