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(a) Administration of justice--- ----Cases should be decided on merits and unless unsurmountable hurdles were there, it should be endeavoured that cases were decided after allowing both parties an opportunity of hearing. PLD 1986 Pesh. 81 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- ----S. 25-A---Grievance petition---In order to bring a case for adjudication before Court under S. 25-A, it was a condition precedent to prove that petitioner qualified as "workman" either under Standing Orders Ordinance, 1968 or Industrial Relations Ordinance, 1969. 1982PLC914ref. Hamid Farooq Durrani for Appellant, Fazli Rabi Dard for Respondent. JUDGMENT This appeal has been moved to call in question the legality of the order dated 8-9-1992 of the learned Labour Court whereby the application submitted by the appellant for setting aside the ex parte, order passed by the Labour Court was dismissed. 2. The relevant background narrated in brief form is that the respondent was employed as bill distributor by the' appellant Municipal Committee, Nowshera but through order dated 29-7-1991 he was dismissed from service. The grievance notice served by him on the appellant-respondent was not responded and, therefore, he instituted the grievance petition in the Labour Court, Peshawar. The Labour Court issued process for appearance of the appellant-respondent for 28-11-1991 and it is alleged that the appellant­ respondent was served for the said date but he failed to put in appearance himself or through an authorised agent. Accordingly the appellant was placed ex parte on the said date and after recording ex parte proof on 10-12-1991, the grievance petition was allowed and consequently it was ordered that the petitioner-respondent be reinstated in service. The appellant-respondent submitted an application for setting aside the ex parte order on 7-1-1992 wherein non-appearance on the earlier dates in the case was described as unintentional and for reasons beyond their control. This application was contested by the petitioner-respondent. The evidence that was led in these proceedings is -the statement of Shahid Khattak, Chief Officer as ANA who while clarifying the factual…

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