Law:

Section:

(a) Evidence Act (I of 1872)-- ---S. 114(e)--Presumption--Letter sent by registered post proved to have been put into post office, held, would give rise to strong presumption that same reached its dictation. Harihar Banerji and others v. Ramshehi Roy and others A I R 1918 P C 102 and Shamus Textiles Mills Ltd. v. Muhammad Iqbal and Punjab Labour Court No. 3 N L R 1978 Lah. 477 ref. (b) Industrial Disputes Ordinance (XXIII of 1969)-- ---S. 67(2)(b)--West Pakistan Industrial Disputes Rules, 1960, r. 11-­Civil Procedure Code (V of 1908) , 0. XLI, rr. 12, 14 t 16--Service of notice, mode of--Applicability of procedure provided in C.P.C.--Specific procedure having been prescribed for service of notice under rule 11 of West Pakistan Industrial Disputes Rules, 1960, provisions of Civil Procedure Code, held, would not be applicable in the serving of notice. (c) Punjab Industrial Relations Rules, 1973-- ---R. 81--Service of notice, applicability of--Rule 81, Punjab Industrial Relations Rules, 1973, refers to hearing of appeal against award and not against decision--For service of notice of appeal against decision, provisions of Civil Procedure Code, held, would not be applicable-­Appeal against award--Procedure prescribed under Civil Procedure Code of course would be applicable. Pir Anwar-ur-Rehman for Applicants. Munawar Ahmad Javed for Respondent. ORDER This is an application for the setting aside of my ex parte order, dated 25th February, 1979. 2. The respondent union had filed a petition under section 34 of the Industrial Relations Ordinance, 1969 on 30-7-1977 to the effect that the workers were entitled to Rest and Recreation Allowance equivalent to one month's pay for the period from 1-7-1974 to 30-6-1977 vide notification Exh. P.2, dated 22-3-1969. The details of the amount due were given in Exh. D.9. The petition was resisted by the applicants on the ground that in view of notification Exh. D.3, which was in force from 1-7-1977, the previous notification stood superseded and, therefore, the workers would be paid Rest and Recreation Allowance in accordance with the instructions. 3. The learned Labour Court, vide decision, dated 2-4-1978, accepted the plea of the…

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