Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss.25-A, 36 & 38(3-A)--Practice and procedure--Setting aside ex parte proceedings--Courts not to take a stringent view on applications for setting aside ex parte proceedings--Where a party comes forward with request that case should not be decided against him ex parte and that he should be allowed to file written statement and contest case such request should not ordinarily be refused--Representative of respondent not appearing on date fixed for filing written statement when case called before Labour Court--Respondent proceeded ex parte--Affidavit of representative of respondent with application for setting aside ex parte proceedings stating that he became late due to defective Bus boarded by him--No counter-affidavit filed by opposite party--Order of Labour Court disallowing application for setting aside ex parte proceedings, in circumstances, set aside in revision by Appellate Tribunal burdening applicant with costs of Rs.200 and allowing application for setting aside ex parte proceedings. Afzal Ahmad Qureshi for Petitioners. Ch. Ghulam Qadir Cheema for Respondents. Date of hearing: 28th February, 1987. JUDGMENT Since both the above-mentioned revisions involve similar questions of fact and law, they are being disposed of together through this single judgment. 2. The grievance of the petitioners is that their applications for setting aside ex parte proceedings were wrongly disallowed by the learned Lower Court. The date of 23-10-1986 was for the filing of written statements by petitioner No.l. There was a third respondent also before the learned Lower Court who was Director General, Agricultural Research, Faisalabad. The written statements had been filed by petitioner No.2 and the Director General, Agricultural Research, Faisalabad and the date was for the filing of written statement by petitioner No.l. Nobody appeared when the case was called, therefore, the petitioners were proceeded ex parte. The ground given in the application for setting aside the ex parte proceedings was that the counsel for the petitioners was on leave and the Section Officer who had been authorised to appear for the petitioners…

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