Case Details

Citation(s)
1979 SLG 1595 1979 SLD 1595 1979 PLC 422
Sindh High Court
Petition No. 1012 of 1973, 19/08/1978
Z.A. CHANNA, J

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Government Of Pakistan

VS

Registrar Of Trade Unions, Karachi And 3 Others

Law:

Section:

Keywords: Constitutional Petition, Copy, Restoration, Petitioner, Office, Delay, Information, Director, Intimation, Appearance, Procedure, Petition, Notice, Order, Confirmation, Condonation Of Delay, Registered, Government, Costs, Labour Court, Provisions, Sufficient Cause, Maintenance, Condone, Registrar Of Trade Unions, Dispute Result: Application dismissed ORDER This is an application under section 151, C. P. C. Read with Order IX, rule 9, for the restoration of the Constitutional Petition No. 1012/73, which was dismissed for default on 14-10- 1975, and has been made in the following circumstances. 2. On 27-9-1973, Constitutional Petition No. 1012/1973 was presented in this Court by the Government of Pakistan through the Director-General, Civil Aviation, Karachi, against the Pakistan Civil Aviation Employees' Union, the Registrar of Trade Unions and the Labour Court. In this petition the registration of the aforesaid Union was challenged mainly on the basis that since the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, had been made applicable to the class of employees to which the members of the Union belong, neither the Union could have been registered nor have been formed. This petition was dismissed by my learned brother Lodhi, J., on 14-10-1975, because of non-appearance by the petitioner and its learned counsel. The present application for restoration of the main petition has been filed on 10-1-1977, that is almost 15 months later. The reasons submitted in the application for its late filing are that the petitioner did not know that the petition was dismissed on 14-10-1975 and on coming to know through respondent No. 4 about the dismissal of the Director-General, Civil Aviation, contacted the Ministry of Law and parliamentary Affairs to ascertain the correct position, and it was then covered that the learned counsel for the petitioner had left Karachi, discovered without either returning the briefs entrusted to him by the petitioner or making arrangements for pursuit of those cases, and in fact up to now is stated to be untraceable. 3. Mr. Muzaffar Hassan, the learned counsel for the petitioner/ applicant, submitted that inasmuch…
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