DECISION This is an appeal against the order of learned Presiding Officer Sindh Labour Court No. IV at Karachi dated 13-9-1990 whereby grievance petition of the appellant was dismissed for non-prosecution, as he continuously remained absent since 1-3-1990.
2. I have heard Mr. Abdul Majeed representative for the appellant and Mr. Abdul Hafeez learned counsel for the respondent and I have also gone through the record and proceedings of the case.
The R & P of the lower Court shows that affidavit-in-evidence was filed by the appellant on 17-2- 1990 and since thereafter the case was fixed for the cross-examination of the respondent but he continuously remained absent hence the impugned order.
3. The appellant did not file any application before the learned Labour Court for setting aside ex parte order but has filed this appeal. In this Tribunal the memo. Of appeal is verified on oath but there is no separate affidavit showing reasonable cause for the absence for such a long period.
The only reason for absence shown by the appellant is in para. No. 7 of the memo of appeal wherein it is alleged that on 2nd August, 1990 he was offered employment as a Munshi but thereafter became victim of forced labour and was kept in wrongful confinement and was not permitted to leave until he managed to escape free after two months. I find that this reason is not shown in the copy of the memo of appeal supplied by the appellant to the respondent. The reason even otherwise does not look probable or believable. It has become more unbelievable by the fact that it was not mentioned in the copy of the memo of appeal supplied to the respondent wherein para. No. 7 shows that he had been attending but he was not aware of the location of Court and in the meantime became the victim of typhoid.
4. Keeping in view the above circumstances in my opinion no reasonable or just ground. He is absent even today in this Tribunal. In my view the Labour Court has rightly held that appellant was not interested and therefore his petition was rightly dismissed.
5. In view of above discussion, I find no merit in this appeal and the same is dismissed.