Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- - S. 37 read with General Clauses Act (X of 1897), S. 21 and Civil Procedure Code (V of 1908), S. 151 and O. XLI, r. 19-Review­Labour Appellate tribunal-Not empowered to review its decision--­Decision of Labour Court confirmed in appeal by Appellate Tribunal--­Final-Not liable to be recalled-Order in appeal passed and announced in open Court-Deemed to have been communicated to parties-Valuable right, held, accrued to respondent-Such order, held, cannot be recalled in purported exercise of powers under S. 21 of General Clauses Act, 1897-Locus poenitentiae-Principle discussed. Pakistan v. Himayatullah Farukhi P L D 1969 S C 407 ref (b) Industrial Relations Ordinance (XXIII of 1969)- --- S. 37-Appeal-Withdrawal of-Counsel engaged for filing appeal and offer arguments before Tribunal-Authorised by Management (appellant) to negotiate compromise and withdraw same-Counsel stating before Tribunal that he does not press appeal -Tribunal passing order : "appeal disposed of as not pressed"-Management, in circum­stances, held, estopped to contend subsequently that counsel was not authorised to withdraw appeal. Sher Afghan for Applicant. Date of hearing : 25th March, 1980. ORDER This application, which purports to have been made under Order XLI, rule 19, Order XLVII and section 151, C. P. C. read with section 21 of the General Clauses Act, 1897, is directed against the following order passed by this Tribunal on 2-3-1980, in the appeal preferred by the Golden Industries Ltd. the applicant herein, against the decision of the learned Labour Court, given on 21-1-1980, directing the re-instatement of the respondent workman with full back benefits :- "2-3-1980 :- Mr. Masood Mirza for Appellant. Mr. Iqbal Ahmad for Respondent. Mr. Masood Mirza states that he does not press this appeal which accordingly stands disposed of as not pressed." 2. The grounds on which the aforesaid order has been assailed are, firstly, that Mr. Masood Mirza was not entitled to appear and represent the cause of the Management side in general and of the applicant-Company in particular; secondly, that Mr. Mirza was given no authority by the…

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