| Citation(s) |
|---|
| 1981 SLG 3340 = 1981 SLD 3340 = 1981 PLC 304 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-573 of 1980, decided on 15th September, 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Mirza Muhammad Kazim for Appellant.
Appeal No. KAR-573 of 1980, decided on 15th September, 1980.
Presented By: Z. A. Channa, Appellate Tribunal
Mirza Muhammad Kazim for Appellant.
SHAFIULLAH
VERSUS
MESSRS GLOBE TEXTILE MILLS LTD., KARACHI
Law: Industrial Relations Ordinance, (XXIII of 1969)
Section: 25-A, 37(3)
Industrial Relations Ordinance (XXIII of 1969) Ss. 25-A & 37(3)-Appeal-Word "decision" used in S.25-A Applicable to final adjudication by Labour Court though not on merits-Interlocutory order of Labour Court not covered-Dismissal of grievance petition for default can be construed as a decision Dismissal of application for restoration-Not a decision hence not appealable. DECISION The issue which falls to be considered in the instant case is whether an order by a Labour Court dismissing an application to restore a grievance petition under section 25-A. I. R. O., is appealable to this Tribunal. 2. The circumstances which have given rise to this appeal, shortly stated, are that on 17-6-1980 the appellant filed a grievance petition under section 25-A, I. R. O., against the termination of his services by his employer, the respon dents herein. By an order, dated 24-5-1980, the appellant's grievance petition was dismissed because of the absence of the appellant and his representa tive. The appellant, on 27-5-80, filed an application for restoration of his grievance petition. The said restoration application was fixed for hearing on 13-7-1980 on which date both the appellant and his learned Representative were again absent and consequently the restoration application was also dismissed in default. The appellant has now came up in appeal against the order dismissing his restoration application. 3. Under subsection (3) of section 37, I. R. O., an appeal lies only against a decision given under section 25-A, I. R. O., and not against every order made under the said section. It has, therefore, to be seen whether…