1. DECISION This is an appeal against an award of the learned Presiding Officer of Sind Labour Court No. II, Karachi, dated August 1, 1973, whereby the learned Labour Court dismissed the application filed by the appellant under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), on the ground of his non-appearance and non- prosecution. I have gone through the Order Sheet of the learned Labour Court and find that the appellant had taken five adjournments in all. Prior to lst August 1973, the matter was adjourned on two dates at his request, i.e. on 16th May 1973, and again on 26th June 1973, and then it was fixed for his cross-examination on lst August 1973, when according to the impugned order, he did not appear. The appellant has appeared before me in person. He states that when his application was called by the Court, he had gone to attend to the call of nature. It would appear from the record of the learned Labour Court that the appellant did not even apply to set aside the order of lst August 1973. If he was present in Court all the time up to 2-30 p.m., when the application was called for the last time, he could have made an application on the lst of August 1973, or at the latest on the next date for setting aside that order on the ground that he had gone to ease himself, as he has orally stated before this Court, but he did not do it. I have gone through the Memorandum of Appeal. I find on a perusal of the same that he had not given any reason whatsoever, for setting aside of the ex parte order, except that "he bad gone to ease himself". He has not given any reason in his Memorandum of Appeal as to why he could not make an application for setting aside the order of lst August 1973, or on the next day. In these circumstances, the appeal is dismissed. The order of the learned Labour Court is maintained.