Law:

Section:

Industrial Relations Ordinance (XXIII of 1069) S. 22 D Dismissal of appeal for non prosecution Application seeking restoration of appeal was filed after more than six months from its dismissal without filing application for condonation of delay Applicants on their own showing had notice of the date of hearing, but they did not appear despite having knowledge of the date of hearing Counsel of applicants was duty bound to keep himself informed about next date of hearing to which case was adjourned, but neither he nor applicants made any inquiry about the next .date of hearing of appeal from the office for more than seven months-Applicants, thus, could not plead that limitation would start running from the date they came to know about dismissal of appeal Application for restoration of appeal, being barred by time, was dismissed in circumstances. ORDER This is an application for restoration of the appeal dismissed in default on 1 9 1999. It has been stated in the application that no date of hearing was communicated to the appellant and as such the order dismissing the appeal for non prosecution was illegal and without jurisdiction. It is further stated in the application that it was after a considerable time that the appellants enquired from the office of NIRC on 24 2 2000 and, they then came to know that their appeal had been dismissed for non prosecution on 1 9 1999. 2. On examining the order sheet of appeal file, we find that the appeal was fixed for hearing on 12 7 1999 before Full Bench comprising Mr. Bahadar Ali, Senior Member, Ch. Riaz Ahmad and Mr. Alauddin Qureshi, Members. No one appeared for the appellant on that day and the Full Bench, too, was not complete for the reasons that the Senior Member was busy at Lahore. Case was, therefore, adjourned to the following day viz 13 7 1999, on which date, Mr. Asmat Kamal Khan is shown to have appeared for the appellants but the Bench was again not complete for the aforementioned reason and the case was, therefore, adjourned to 1 9 1999 for admission. On 1 9 1999, case was called but no one appeared for the parties and the appeal was, therefore, dismissed for non appearance and non-prosecution". 3. Confronted with…

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