| Citation(s) |
|---|
| 1988 SLG 1324 1988 SLD 1324 1988 PLC 790 |
Labour Appellate Tribunal, Punjab
Appeal No. LHR-157 of 1.988, decided on 20th April, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI APPELLATE TRIBUNAL
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Appeal No. LHR-157 of 1.988, decided on 20th April, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI APPELLATE TRIBUNAL
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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, LAHORE and another
VS
S.M. SADIQ
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A. 37 & 38(3-a)--Ex parte decision of Labour Court-Labour Court had jurisdiction to set aside same if cogent grounds for non-appearance of affected party were shown--Order of Labour Court dismissing petition for setting aside ex parte decision, was not . appealable-- Appeal however could be treated as revision if such illegality was found for which suo motu revisional powers could be exercised--Neither any evidence regarding engaging of Counsel produced nor such Counsel himself was examined -before Labour Court--Petition for setting aside ex parte decision, in circumstances, held, was rightly dismissed by Labour Court and order did not suffer from any illegality so as to invoke exercise of suo motu revisional powers by Appellate Tribunal. Ch. Khalil ur Rehman for Appellants. Sh. Abdul Ghafoor for Respondent. Date of hearing: 18th April, 1988. JUDGMENT This is an appeal challenging the orders dated 6-2-1988 and 20-10-1986 recorded by the learned Presiding Officer Punjab Labour Court No.2, Lahore. Vide order dated 20-10-1986 ex parte decision was passed against the appellants and vide order dated 6-2-1988 the petition for setting aside the ex parte decision was dismissed. 2. The appeal against the order dated 20-10-1986 is timebarred;. The ground for condonation of delay is that the file was put up before the competent authority to get sanction for filing the appeal and that the file had been misplaced and could not be located till 20-3-1988. However, so far as the ex parte order dated 20-10-1986 is concerned, learned counsel for the appellants has not pressed it during arguments and so far as the order dated 6-2-1988 is concerned, it is not appealable. The appeal can be treated as revision but no illegality can be found in the said order for which suo motu revisional…
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