| Citation(s) |
|---|
| 1989 SLG 1426 1989 SLD 1426 1989 PLC 616 |
Labour Appellate Tribunal, Punjab
Application No.FD-380 of 1988, decided on 2nd November, 1988
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
M.A.Javed for
Respondent.
Application No.FD-380 of 1988, decided on 2nd November, 1988
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
M.A.Javed for
Respondent.
FAISALABAD DEVELOPMENT AUTHORITY and another
VS
SHABBIR HUSSAIN
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S.37--Appeal dismissed in default--Petition for re-admission moved--Neither memo. of appeal nor petition for re-admission signed by appellant--Advocate signing appeal and petition was not authorised to do so by appellant and power of attorney was signed by an officer not so authorised by appellant--Neither appeal nor petition for re-admission, held, was competent. JUDGMENT This is a petition for re-admission of the appeal dismissed in default on 31-5-1988. An objection has been raised by the learned counsel for the respondent that neither the appeal nor the petition for re-admission of the appeal has been made by the petitioners/appellants. Opportunity was given to the learned counsel for the petitioners/appellants to produce evidence to show that the appeal and the petition for re-admission of the appeal are competent but he has made statement that he does not want to produce any evidence and would only lead arguments. As is apparent from the title the appellants/petitioners are; F.D.A. through its Director General and The Managing Director Water & Sanitation Agency, Faisalabad but the memo of the appeal and the petition for re-admission of the appeal bear the signatures of MrAli Akbar Qureshi, Advocate and of none of the petitioners/appellants. The power of attorney in favour of the learned counsel too was not given by any of the petitioners/appellants. The power of attorney bears the signatures of Director Admin & Co-ord. who is nether the appellant nor the petitioner. There is no evidence on the record to show that the petitioners/appellants had authorised the Director Admin. & Co-ord. to engage a counsel for bringing the appeal and for lodging the petition for re-admission of the appeal. Learned counsel for the petitioners/appellants has argued that signatures of the appellants are not necessary on the appeal or on the application for re-admission of the appeal. He has cited P L D 1967 Lah.807, P L D 1968 Lah.527 & P L D 1988 S C (AJ&K) 42. In the first mentioned ruling an advocate had been duly engaged by the appellants to file the appeal but that lawyer had not filed the appeal but…
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