DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. II, Karachi, dated 29th November 1972, whereby the learned Labour Court ordered the re- instatement of the respondent. The appeal has been filed on 7th August 1973. On the face of it, the appeal is very much beyond time. No application for condonation of delay has been filed. Under section 37 (3) of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), an aggrieved party must file the . appeal against an award given by the Labour Court within 30 days of the A delivery thereof. The appeal, therefore, against an award dated 29th November 1972, is not maintainable.
2. Mr. Ahsan Ali, the learned Advocate for the appellant, contended that this appeal may be treated as an appeal against an order of the learned Presiding Officer, dated 20th July 1973, whereby the learned Labour Court refused to set aside his ex parte order dated 29th November 1972. It is not against every order that an appeal would lie to the Tribunal. It is only against an award given by the Labour Court that an appeal lies to the B Tribunal. An award means "determination of an industrial dispute". An order refusing to set aside the ex parte order cannot be said to be a deter* mation of an industrial dispute and, therefore, no appeal lies,
3. Mr. Ahsan Ali, the learned Advocate for the appellant very strenuously contended that this Court may be pleased to entertain the appeal, as the impugned order would work out great hardship against his client, as he has nothing to do with the Firm known as "Messrs Karim Vera Shirt Garments". It' is stated that the respondent has initiated criminal proceedings against his client. If there is any substance in this contention, it is always open to the learned Advocate to take this plea before the criminal Court before whom proceedings have been initiated against his client. With these observations, I would dismiss the appeal as not maintainable. Appeal dismissed.