| Citation(s) |
|---|
| 1989 SLG 2799 1989 SLD 2799 1989 PLC 825 |
Labour Appellate Tribunal, Punjab
Appeal No. RI-444 of 1987, decided on 20th January, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Raja Abdul Rashid for Appellant. Malik Mehrban for
Respondent.
Appeal No. RI-444 of 1987, decided on 20th January, 1988.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
Raja Abdul Rashid for Appellant. Malik Mehrban for
Respondent.
RAWAL HOTEL LTD.
VS
MUHAMMAD AKRAM
Law:
Section:
Industrial Relations Ordinance (XXI11 of 1969)----- ---Ss. 25-A, 36, 37 & 38(3-a)--Practice and procedure--Appeal--Revision--Ex parte proceedings--Application for setting aside ex parte proceedings--Presiding Officer on leave on date of hearing and case adjourned by Reader to an other date in absence of party--Party not appearing on such date and application dismissed in default--Order not appealable--Appellate Tribunal treating appeal as revision set aside order of Labour Court and case remanded to Labour Court-Held: Since Presiding Officer was on leave on date of hearing, notice of fresh date should have been issued to party and application for setting aside ex parte proceedings could have been dismissed in default if party had failed to appear despite notice. JUDGMENT The appeal captioned above challenges the order dated 27-10-1987 recorded by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, whereby the application of the appellant for setting aside the ex parte decision has been dismissed. 2. Since by the order dated 27-10-1987 the grievance petition brought under section25-A of the Industrial Relations Ordinance, 1969 had not been decided, he order is not appealable. However, since the said order is wrong and not sustainable, the appeal is treated as revision petition. 3. The petition of the appellant for setting aside the ex parte proceedings was fixed on 24-8-1987 but none had appeared on the said date. It was not dismissed in default and rather was adjourned to 3-9-1987. On the adjourned date the learned Presiding Officer was on leave and the reader adjourned the case in…
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