DECISION This appeal is directed against the decision of the learned Third Labour Court given on 14th July, 1982, dismissing the grievance petition of the appellant. The grievance petition has been dismissed by the learned Labour Court on two ground firstly, that the appellant had failed to pro--duce the original copy of the grievance notice and secondly, that the appellant was not present on the date of hearing. Now as regards the first ground, it appears that the learned Labour Court has failed to appreciate that it was not within the power of the appellant to produce the original grievance notice as -according to the appellant he had served the same on the respondents. If any party was to be required to produce the original grievance notice it should have been the respondent and not the appellant.
2. As regards the second ground on which the learned Labour Court has dismissed the appellants grievance petition, an application was submitted before the learned Labour Court on 12th July, 1982 by Mr. Ch. M. Maarif, the learned representative for the appellant, that the appellant had gone to Lahore in connection with his pension and would be able to return to Karachi after Eid. There was no contradiction of the assertion made in this application. It would, thus, appear that the failure on the part of the appellant to appear before the learned Labour Court on 14th July, 1982 was due to circumstances beyond his control.
3. As both the grounds on which the learned Labour Court ha based its decision are not tenable and not on correct appreciation of the facts I would set aside the impugned decision, allow the appeal and remand the case to the learned Labour Court to decide the case on merits.