DECISION ' This purports to be information laid before this Tribunal for the exercise of its suo mutu powers of revision in respect of an order passed by the learned Third Labour Court on 4th February 1981, setting aside the ex parte order, dated 29th October 1980, and the final order, dated 23rd November 1980, made by the said Court in the case of Syed Akbar v. Nazim Silk Mills under section 25-A, I. R.
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2. I have examined the order in question of the learned Labour Court and am not satisfied that it suffers from any legal infirmity, illegality or impropriety which needs to be corrected by this Tribunal. The order in question was passed on the application of Nazim Silk Mills, for setting aside the earlier ex parte orders and the final orders, which were passed on the assumption that Nazim Silk Mills, though duly served, failed to ppear on the date of hearing. The service on the Nazim Silk Mills, was held to be duly served on the basis of the report of the bailiff of the Court. However, along with the restoration application a partner of Nazim Silk Mills, by name Khalid Shafique, filed his affidavit and subsequently testified before the learned Labour Court that the notice of the Labour Court bad not been received by him. The learned Labour Court was also impressed by the fact that the signature on the duplicate copy of the notice did not tally with the signature of Khalid Shafique.
It cannot be said that these are not weighty grounds upon which the learned Labour Court held service on Nazim Silk Mills had not been duly established. It was, however, contended by Mr. Ashraf Hussain Rizvi that not only the bailiff had endorsed on the summons that the same had been duly served on Nazim Silk Mills but there was also affidavit of Said Akbar that the summons had been duly served on Nazim Silk Mills. These two circumstances do not out weigh the material on record relied upon by the learned Labour Court in setting aside the ex pane orders including the final order passed thereon.
3. I, accordingly, see no ground for interfering with the impugned order of the learned Labour Court.