Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)­---------- -- Ss. 25-A & 36-Grievance petition-Adjudication by Labour Court-Procedure-Grievance petition fixed for filing affidavit of petitioner-Affidavit can be filed at any time during day of fixed date and not necessarily before or at time when case called up for hearing-Petitioner, present in Court-Affidavit with representative of petitioner appearing in other Court and as such not filed-Dismissal of grievance petition due to non-filing of affidavit-Order of Labour Court, in circumstances, held, not in accordance with law and invalid-Correct course for Labour Court, held, was to record statement of petitioner present in Court (b) Industrial Relations Ordinance (XXIII of 1969)--------- --- S. 38 (3-a)-Revision-Does not lie against appeal-able order-­Labour Court dismissing grievance petition under S. 25-A of Industrial Relations Ordinance, 1969 on grounds of non-filing of affidavit of petitioner on date fixed for that purpose though petitioner himself present in Court-Appeal filed before Labour Appellate Tribunal against order of Labour Court withdrawn with permission to file fresh appeal in case restoration application filed in meanwhile before Labour Court is dismissed -Re3toration applica­tion dismissed-Dismissal of restoration application-Not appeal-­able-Order of dismissal of restoration application found to have teen passed without considering cause shown for setting aside dismissal order, in circumstances, set aside by Labour Appellate Tribunal in revision jurisdiction and matter remanded to Labour Court for decision on merit. Shafiullah v. Messrs Globe Textile Mills 1981 P L C 304 ; Jannat Textile Mills Ltd. v. Sind Labour Appellate Tribunal P L D 1979 Kar. 725; Municipal Committee Bahawalpur v. Shaikh Aziz Elahi P L D 1970 S C 506, Gulzada v. Haji Mohammad Umer and 7 others P L D 1978 Pesh. 170 and Messrs Khawaja Autocars Ltd. v. Syed Abdul Rehman 1980 P L C 1236 ref. Saleem Raza for Applicants. Abid Puri for Respondents. Date of hearing : 30th November, 1981. ORDER These are 2 separate proceedings taken in the exercise of the suo mote powers of revision of this Tribunal under subsection (3-a)…

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