Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-­ ---Ss.25-A, 37 & 38(3-a)--Appeal--Revision--Dismissal of application for restoration of grievance petition, held, though not appealable yet Tribunal was not barred to exercise suo motu powers of revision where application was dismissed in-default not for any gross negligence of applicant--Labour Court shifted to some other location-Applicant going on date fixed to building where Court used to be held previously and had taken pains to trace out the Court--Applicant, in circumstances, could not be said to be guilty of any gross negligence-­ Order of Labour Court dismissing in-default application for restoration of application for restoration of grievance petition was set aside by Appellate Tribunal in revision and case remanded to Labour Court for decision of restoration of grievance petition on merits. 1986 P L C 187; 1981 P L C 304 and 1983 P L C 587 Distinguished. Maqbool Anees for Appellant. Abdul Rashid for Respondent. Date of hearing: 23rd April, 1986. JUDGMENT This is a revision reporting that the order dated 6-2-1986 recorded by the learned Presiding Officer, Punjab Labour Court No.9, Multan dismissing the application of the petitioner for restoration of the application for the restoration of the grievance petition is wrong and improper. 2. The grievance petition brought by the petitioner was dismissed in-default on 6-10-1983. An application for the restoration of the same was brought which too was dismissed in-default on 21-4-1984. An application for its restoration has been refused by the impugned order. The ground for non-appearance on 21-4-1984 is that the Court had shifted to Wilayatabad Colony and no notice was seen at the old building of the Court indicating where the Court had been shifted. In support of the application for the restoration the petitioner appeared as his own witness and deposed that he had gone to Gulgasht but found the building in which the Labour Court- used to be held locked where he waited upto 11 a. m. thinking that the Court may start functioning late, but when nobody came he went to the District Courts to his counsel but there he found Mr. Aziz Niazi who informed him that…

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