Law:

Section:

(a) Industrial Relations Ordinance (XXII1 of 1969)- -- S. 31 read with Limitation Act (X of 1908), S. 5-Appeal before Appellate Tribunal-Delay, condonation of-Reasons of delay that Officer competent to file appeal remained on leave and last date of limitation expiring during his leave-Leave neither due to illness nor for sudden cause but pre-arranged-No good cause, in circum­stances, held, made out for condonation hence condonation applica­tion rejected. (b) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A read with Civil Procedure Code (V of 1908), O. IX, r. 7­Grievance petition accepted by Labour Court in ex parte order due to absence of counsel or any other representative of manage­ment for whole day-Petition for setting aside ex parte order made not on next date but on third date-Petition. in circumstances, held, time-barred and rightly rejected by Labour Court. Ch. Arshad Mahmood for Appellant. Saleem Baig for Respondent. Date of hearing : 25th May, 1983. JUDGMENT The facts giving rise to this appeal preferred against the decision dated 21st June, 1982 passed by the Learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, are that the respondent who was salesman was dismissed from service in 1980 on the allegation of misappropriating Rs. 10014. During the pendency of his grievance petition under sec­tion 25-A compromise was effected between the parties and he was reins­tated. He, therefore, withdraw his petition under section 25-A. He was again charge-sheeted, on 5th July, 1981 on the allegation that he had during the previous period misappropriated further amount of Rs. 7,319.61 also and was dismissed from service, on 11th July, 1981. He challenged the order in a petition under section 25-A. The grievance petition was accep­ted ex parte on 2nd May, 1982. The petition of the appellant for setting aside the ex parte decision was dismissed and the said order and ex parte decision both have been challenged in this appeal. 2. The appeal is time-barred and application for condonation of delay has been given. The ground is that the officer who was competent to lodge the appeal had remained on leave from 18th July, 1982 to 21st July, 1982 and…

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