' MIAN SAQIB NISAR, J.---The appellant was working as a Cahsier in the respondent-bank, when he was dismissed from service vide order dated 8-9-1997. After sending the grievance notice, he filed a grievance petition under Section 25-A of the I.R.O. 1969 on 14-2-1998, which was contested by the respondents and for the last many years, the matter is pending and the appellant has availed many opportunities to produce his evidence, with number of last opportunities given to him, but he failed and ultimately, his petition was dismissed on 7-9-2004, by closing his right to produce the evidence.
2. It is contended by the learned counsel for the appellant that the appellant is suffering from Hepatitis-C and liver diseases and in connection with his treatment, has gone to Denmark; in this behalf, a certificate dated 28-9-2004 has been placed on the record, which envisages that the appellant is under treatment for the above disease since August, 2003.
3. Learned counsel for the respondents states, that the appellant had availed so many opportunities and never ever had set out the ground of sickness before the court below, therefore, such plea now taken is an afterthought.
4. Heard, I would not have interfered in the matter, except when on perusing the medical certificate, issued by a foreign doctor. I feel that the possibility that the appellant could not produce his evidence due to his sickness and he could not timely inform his counsel in this behalf, cannot be ruled out, and the counsel thus, kept seeking the adjournments in routine. Resultantly, in the interest of justice and following the glorious principles of law that the rights of the parties must be determined on merits, rather than knocking them out on technical ground. I grant one further opportunity to the appellant, as claimed by his counsel, to produce his evidence, subject to the payment of Rs,10,000 as costs. Therefore, by allowing this appeal, the impugned order is set aside and the case is remanded to the learned Labour Court. The parties are directed to appear before the court below on 15-6-2005 and the appellant without fail or asking for unnecessary adjournment or on any other excuse, shall complete his evidence within one month thereafter. If for any reason whatsoever, including his ailment, the evidence is not completed by the appellant within that time, this appeal as also the grievance petition shall be deemed to have been dismissed.