Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 25-A & 38(3)--Grievance petition against wrongful termina­tion of service--Employer (respondent) failing to file written state­ment and remaining inactive during hearings before Labour Court and then absenting-Labour Court passing ex parte order of re­instatement with back benefits in favour of petitioner (workman) on basis of his affidavit in evidence not cross-examined by respondent due to his absence-Plea in appeal that representative of respondent absented due to threats of petitioner (workman)-No material available on record in support of such plea-Appeal, in circumstances, dismissed summarily by Appellate Tribunal. Muhammad Ibrahim Bajwa for Appellant. Date of hearing : 5th December, 1983. ORDER Briefly stated the facts are that the respondent's services, who was perma­nent workman in the appellant establishment were suddenly terminated by verbal order without assigning any reason on 20th February, 1983. He sent a grievance notice, dated 8th March, 1933 to the appellant, but with no result. He, therefore, filed a grievance application in the Fifth Labour Court at Karachi on 10th April, 1983 for his reinstatement in service. The appellants were served with a notice of the grievance application from the Court for the first time on 10th May, 1983 and their representative went on obtaining adjournments till 17th July, 1983 when an ex parte order was passed against the appellants on account of his absence and failure to file a written reply, The matter was then adjourned to 24th July, 1983 for filing affidavits in ex parte proof. The respondent's affidavit was filed and the matter was adjourned to 30th July, 1983. On this date the applicant and his Advocate, as well as Mr. Iqbal, the representative of the appellants, were present and moved a compromise application which is on the record. It appears that this compromise was not recorded and accepted by the Court for the reason that the parties did not press for it. Subsequently an application for setting aside the ex parte order was moved on behalf of the appellants which was rejected on 25th August, 1983 on account of failure of appearance in Court of…

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