Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 25A,38(3a)

Industrial Relations Ordinance (XXIII of 1969) Ss. 25 A & 38(3 a) Grievance petition On filing grievance petition for reinstatement in service, employee filed his affidavit in evidence and case was put off for his cross examination, which remained put off for about thirty times and employee failed to appear for cross examination without any plausible reason Labour Court gave five last chances, but employee still failed to appear Labour Court dismissed case for non prosecution after more than a year Validity Case was rightly dismissed by Labour Court as employee did not appear despite Labour Court showed leniency and kindness to him in granting opportunity Application for recalling its order was rightly dismissed by Labour Court in circumstances. JUDGMENT This is a revision application under section 38(3 A) of the Industrial Relations Ordinance, 1969 against the order, dated 22 1 1999, passed by tine learned Presiding Officer, Sindh Labour Court No.4, Karachi, on application for setting aside/recalling the order, dated 27 10 1998, whereby the said application was, dismissed. 2. Brief facts of the case are that the applicant filed an application under section 25 A, of I.R.O., 1969 for reinstatement with back benefits. The said application bearing No.27 of 1997, after a number of preliminary dates was fixed for 21 10 1997, when the applicant filed his affidavit in-evidence and the case was put off to 3 11 1997 for cross examination of the applicant. The case was then put off to 24 11 1997 for cross examination of the applicant as the Stenographer of the Court was not well and so was the position on 24 11 1997 as the Stenographer was on leave. The case was then put off to 15 12 1997 when the applicant was called absent though his counsel was present. The matter was adjourned to 20 1 1998, again, for the cross examination of the applicant as a last chance. On 25 3 1998, the counsel of the parties were present, but the applicant was called absent. The matter, was therefore, put off to 23 4 1998. On that day, both applicant and his counsel called absent. However, the learned Presiding Officer adjourned the case in the interest of justice for 15 5 1998 for cross…

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