' This is a revision petition against the orders, dated 15th November, 1977 and 22nd January, 1978 of Punjab Labour Court No, 4, Faisalabad.
2. Abdur Rauf, petitioner, who was employed as a worker in Inshaallah Mashaallah Weaving Factory, was dismissed from service on 5th September, 1977. He filed a petition under section 25-A of Industrial Relations Ordinance, 1969 for reinstatement with back benefits. On 24th October, 1977 the learned Labour Court directed the petitioner to go with the respondent's Munshi to the factory to resume duty. On that very day the respondent applied that the petitioner bad refused to accompany him and had gone away. The case was adjourned to 15th November, 1977 on which date the petitioner was absent and so his petition was dismissed in default. On 16th November, 1977 the petitioner filed an application for the restoration of his petition alongwith the affidavit as is clear from the record. In that application it was mentioned that the reason why he did not attend the Court on 15th November, 1977 was that he had heard the date fixed for 16th November, 1977.
3. The learned Labour Court, after recording evidence of the petitioner and Barkat Ali, Clerk of the respondent, did not accept the plea of the petitioner and dismissed his application on 22nd January, 1978.
4. Against the above orders, Abdur Rauf, petitioner has preferred this revision petition. On 20th March. 1978 the respondent, in spite of service, did not turn up and so an order of ex parte proceedings was passed against him.
5. On going through the record .I find that the application for restoration of the petition was accompanied by an affidavit, which fact has wrongly been recorded in his evidence before the Labour Court that he had not filed any affidavit alongwith the application, Barkat Ali, Clerk of the respondent, who appeared before the Labour Court, stated that on 15th November, 1977 the petitioner was present outside the Court room and wilfuly did not appear before the Court. It appears that the Labour Court had placed reliance on the testimony of Barkat Ali and that is why, dismissed the application of the petitioner for restoration of his petition.
6. It is difficult to believe that the petitioner, who had filed a petition under section 25-A for reinstatement with back benefits, would purposely refrain from attending the Court on 15th November, 1977. Under these circumstances, no reliance can be placed on the testimony of Barkat Ali, Clerk of the respondent.
7. I, accordingly, accept the revision petition, set aside the orders of the Labour Court, dated 15th restore the original petition under section 25-A filed by the petitioner' and remand the case back to the Labour Court for decision on merits. The petitioner is directed to appear before the Labour Court on 10th] June, 1978.