Case Details

Citation(s)
1983 SLG 1622 1983 SLD 1622 1983 PLC 592
Labour Appellate Tribunal, Punjab
Petition No. RYK-276 of 1981/Pb., decided on 16th April, 1983.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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NAZIR AHMED AWAISI

VS

UNITED SUGAR MILLS

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)­ ---Ss. 25-A & 38 (3-a) read with Civil Procedure Code (V of 1908), O. IX, r. 4 - Grievance petition - Dismissed in default­ Restoration application also dismissed in default - Petition for setting aside order regarding dismissal of restoration application dismissed on merits-Grounds that petitioner appeared in another Court in connection with some other litigation - Such appearance not established by evidence-Petitioner represented by 3 counsel but none of them appearing on date fixed for, application for restoration of grievance petition - Labour Appellate Tribunal in its suo motu revision jurisdiction examining record - Order passed by Labour Court in circumstances, upheld and petitioner held guilty of gross negligence. Appellant in person. M. G. Rabbani for Respondent. Date of hearing : 22nd March, 1983. JUDGMENT This revision is directed against the order dated 24-5-1981 passed by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur. The petitioner had brought a petition under section 25-A of the Industrial Relations Ordinance, 1969 in Punjab Labour Court No. 8, Bahawalpur which was dismissed in default on 23-2-1980. The application for setting aside the order dated 23-2-1980 was lodged which too was dismissed in default on 23-7-1980. Petition for setting aside the order dated 23-7-1980 was made which was dismissed on merits on 24-5-1981. In the application for the restoration of his petition for the restoration of grievance petition, the request for the restoration of the original grievance petition was also made. But the evidence was produced to justify the absence on 23-7-1980 only. The ground is that on the same date his guardianship case was fixed before the Senior Civil Judge, Rahim Yar Khan and his personal appearance was necessary, therefore, he had sent a telegram to the Labour Court for adjournment. He examined his counsel engaged in guardianship case who said that he had instructed the petitioner to appear in person on 23-7=1980 in the. said case. No telegram sent by the…
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