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1981 SCMR 1080

MAHMOOD AHMAD vs WATER AND POWER DEVELOPMENT AUTHORITY AND

Citation1981 SCMR 1080
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 33-S of 1980 Appeal No. 53 (L)
Date1980-12-12
Judge(s)Maulvi Mushtaq Hussain, Shafi-ur-Rehman
ResultPetition dismissed

ORDER

MUSHTAQ HUSSAIN, J.-Mahmood Ahmed, petitioner, was serving as a Meter Inspector in WAPDA. By an order dated 9-12-1975 his services were terminated with immediate effect on payment of 30 days notice under sec--tion 17 (3-A) of WAPDA Act. He filed an appeal before the Service Tribunal which by its order dated 16-1-1980 dismissed the appeal as no one was present to pt,)secute it. The petitioner applied for setting aside this ex parte order but that application was also dismissed. It is mentioned in the latter order that even on 10-6-1979 it had made clear to the petitioner that no future default would be condoned. It was despite this warning that the default was committed and the tribunal, therefore, declined to recall the ex parte order. Hence this petition for special leave to appeal.

2. 1t has been submitted before us that the learned counsel for the petitioner was busy before the High Court and could therefore, not appear before the Tribunal. It has further been submitted that his junior had been instructed to appear before the Tribunal but he reached twenty minutes late A petition for restoration was presented the same day. In these circumstance. It is prayed that leave to appeal be granted against the ex parte order.

3. We find no reason to accept the prayer of the petitioner. It wall the best order that could be passed in the circumstances by the Tribunal and we do not find any fault with it. This petition is, therefore, dismissed and leave to appeal refused.

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