Case Details

Citation(s)
1984 SLG 1681 1984 SLD 1681 1984 PLC 1101
Labour Appellate Tribunal, Punjab
Appeal No. LHR-45 of 1982, decided on 13th November, 1983.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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Syed ASAD ALI

VS

PACKAGES LTD. THROUGH BOARD OF DIRECTORS AND ANOTHER

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---Ss. 25-A, 36 & 38 (3) read with Civil Procedure Code (V of 1908), O. IX, r. 4-Grievance petition-Dismissal in default-Restora­tion-Counsel of petitioner being out of station making single applica­tion for adjournment of his four cases-No separate application for adjournment of instant case made-Labour Court, in circumstances, held, justified in dismissing petition in default-Petitioner also advised by Counsel not to appear-Attitude of Counsel in making such advice, held, though deplorable yet petitioner (appellant), in circumstances, should not be made to suffer for such unjustified and objectionable advice-Appeal against Labour Court order of dismissal of restoration application, in circumstances, accepted by Appellate Tribunal and grievance petition restored. Malik Muhammad Asghar for Appellant. Mian Muhammad Yasin for Respondents. Date of hearing: 1st November, 1983. JUDGMENT This appeal arises from the decision, dated 17th May, 1981 passed by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, whereby the grievance petition of the appellant was dismissed in default and the decision, dated 18th January, 1982 whereby the petition for restora­tion of the said grievance petition was dismissed. The ground for restora­tion is that the learned counsel was out of station on 17th May, 1981 and had made application for the adjournment of his four cases including the present one. Since no separate application for adjournment was given in this case, it was rightly disallowed…
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