Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 38(3)--Order of Labour Court based upon no evidence--Not sustainable--Appellate Tribunal setting aside such order and remanding case to Labour Court for re-decision after affording opportunity of producing evidence to parties. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.37--Appeal--Limitation--Condonation of delay--Appeal by Railway Administration--Relevant files required for preparing appeal misplaced and delay occurring in tracing out same--Ground, held, cogent and delay, in circumstances, condoned. Agha Taj Muhammad for Appellant. Syed Fazal Hussain for Respondents. Date of hearing: 6th August, 1984. JUDGMENT The two appeals captioned above arise from the decisions, dated 5-3-1984 recorded by the learned Presiding Officer, Punjab Labour Court No. 5, Faisalabad, accepting the grievance petitions of the respondents. 2. The respondents were ticket collectors grade-I1. They were promoted as S.T.Es. They were not allowed yearly increments as ticket collectors grade-1I on the ground that they had not been confirmed on the said post, They had previously brought petition under section 15 of Payment of Wages Act for the deducted wages and succeeded. The appellant paid the deducted wages but did not allow increment for the future. The respondents instead of repeatedly bringing petitions under section 15, this time brought petitions under section 25-A, Industrial Relations Ordinance, 1969 which were allowed on the basis of the previous decisions 3. There is no evidence worth the name to enable the learned lower…

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