Pakistan Case Lawโ† Search
1983 PLC 592

NAZIR AHMED AWAISI vs UNITED SUGAR MILLS

Citation1983 PLC 592
CourtLabour Appellate Tribunal
Case No.Petition No. RYK-276 of 1981
Date1983-04-15
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultRevision dismissed

1. This revision is directed against the order dated 24-5-1981 passed by the learned Presiding Officer, Punjab Labour Court No. 8, Bahawalpur The petitioner had brought a petition under section 25-A of the Industrial Relations Ordinance, 1969 in Punjab Labour Court No. 8, Bahawalpur which was dismissed in default on 23-2-1980. The application for setting aside the order dated 23-2-1980 was lodged which too was dismissed in default on 23-7-1980. Petition for setting aside the order dated 23-7-1980 was made which was dismissed on merits on 24-5-1981. In the application for the restoration of his petition for the restoration of grievance petition, the request for the restoration of the original grievance petition was also made. But the evidence was produced to justify the absence on 23-7-1980 only. The ground is that on the same date his guardianship case was fixed before the Senior Civil Judge, Rahim Yar Khan and his personal appearance was necessary, therefore, he had sent a telegram to the Labour Court for adjournment. He examined his counsel engaged in guardianship case who said that he had instructed the petitioner to appear in person on 23-7=1980 in the. Said case. No telegram sent by the petitioner is on the file. A photostat copy of the telegram produced which is Exh. P. L but since this is not a copy attested by the Telegraph Officer, it has no evidentiary value. The respondent has produced certifies copy of the interlocutory order dated 23-7-1980 record--ed in the guardianship case by the learned Senior Civil Judge, Rahim Yar Khan, in which the attendance of the petitioner is not recorded. The . Statement of his counsel, therefore, stands rebutted by the copy of the said interlocutory order. The petitioner has wrongly stated that had objected to the fixation of the case on 23-7-1980 in the Court of the Senior Civil judge and that it was not accepted. P.W. 1 , counsel for the petitioner, had not stated so. This is not believable that the Reader of the Senior Civil Judge did not accept his request for not fixing the I` date as 23-7-1980. It could make no difference for the Court of Senior Civil Judge to fix the case few days earlier or later than 23-7-1980, if any request had been made. Apart from it, the petitioner could have gone to the Labour Court or requested his counsel soon after the Senior Civil Judge has fixed the guardianship case on 23-7-1980, for changing the date in the petition under section 25-A. Moreover, the petitioner admitted in cross- examination that there were three counsel engaged by him for appearing before the Labour Court, but no reason has been given why none of his counsel did not appear before the Labour Court on 23-7-1980 The petitioner was guilty of gross negligence, so his petition for restoration was rightly disallowed.

2. As upshot of the observations made above, I do not find any force in the -revision and dismiss the same.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch