' This is an appeal challenging the order dated 7-7-1987 recorded by learned Presiding Officer, Punjab Labour Court No,3, Lahore at Ferozewala whereby the application for restoration of the grievance petition was dismissed.
2. The facts are that the grievance petition of the appellant was fixed for 19-5-1987 on which date evidence was to be produced by the appellant. On that date nobody appeared for the appellant, therefore, the learned lower Court applied Order 17, Rule 3 and dismissed the petition for want of proof as well as for non-appearance. The appellant brought an application for the restoration, which has been dismissed on the short ground that the appellant had challenged the main order whereby the grievance petition was dismissed for want of proof and in default, in appeal before this Court. The learned lower Court has observed that no law was shown according to which both the remedies could be availed of simultaneously. Since the order of dismissing the petition for want of proof and in default is subject to appeal, the appeal was rightly brought. This is nullity if the 'A appeal could succeed or not on merits. So, the simple ground that the appellant has challenged the main order of dismissal of the petitions in appeal was not sufficient to dismiss the petition for restoration of the grievance petition. Learned counsel for the respondent has not been able to say anything in support of the impugned order:
3. As a result the appeal is accepted and setting aside the impugned order the petition for restoration of the grievance petition is remanded for decision on merits.