Law:

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Industrial Relations Ordinance (XXIII of 1969) ,S.25 A(8)(g) National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Rgln. 36(2) Civil Procedure Code (V of 1908), O. IX, R.8 Dismissal of petition in default Application for restoration Petitioner did not appear on the date fixed for hearing and case was adjourned by Senior Member of National Industrial Relations Commission Member of Commission on adjourned date of hearing being on tour case was adjourned by Reader of the Commission Petitioner having failed to appear on the adjourned date of hearing, petition filed by petitioner was dismissed in default Validity Date to which hearing of petition was adjourned being a date not fixed by Commission itself, but by its Reader, same could not be treated as a date of hearing and petition could not have been dismissed for non prosecution on that date Order dismissing petition in default being unsustainable in law, was recalled and petition was restored. Muhammad Qasim v. Moujuddin and others 1995 SCMR 218 and Nowsheri Khan v. Said Ahmad Shah 1983 SCMR 1092 ref. Ch. M. Khalid Farooq for Applicant AND Malik Bashir Ahmed for Respondents JUDGMENT This is an application for restoration of Petition No.4 A(2066) of 1996 L, which was dismissed in default by the then Senior Member of this Commission (Mr. Bahader Ali) on 16 6 1998 as no one had appeared for the petitioner on that date. Case of the applicant is that his petition was fixed on 14 I1 1996 when it was adjourned to 24 11 1996 in the presence of the parties but on the last mentioned date, neither the case was fixed for hearing nor was any cause list issued for that date and it was generally announced that the cases were adjourned to a date in office. Further, contention of the applicant is that after 24 11 1996 (when this case was on the file of Agha Salim Khurshid, the then Member, NIRC posted at Lahore) neither the applicant nor his counsel received any notice for appearance. No notice was issued even to the respondents and it was on 8 3 2000 that the applicant came to know from the office of the respondent Management that he was again being promoted as SEC. Supervisory Pay Scale, SPS 1,…

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