This judgment will also dispose of the connected Revisions Petitions Nos. 10 of 1993 to 69 of 1993 "Chief Engineer, Mardan Scarp etc. v. Sheikh Ghani and others" as they arise from the common Order of the Labour Court dated 25-4-1993 wherein application for condonation of delay was accepted and the case was admitted for regular trial. It is against this order of the Labour Court that the petitioners have filed Revision Petitions in this Tribunal.
2. The facts relevant for the disposal of these revision petitions are that the respondents filed grievance petitions under section 25-A of the Industrial Relations Ordinance wherein they challenged the orders of their removal/discharge from service. Along with the grievance petitions they also submitted an application for condonation of delay in filing the grievance notice -as well as the grievance petition. The learned Presiding Officer, Labour Court accepted this application for condonation of delay and consequently admitted the grievance petition to regular hearing. The petitioners-respondents are aggrieved of this order and have, therefore, instituted these revision petitions.
3. The argument of the learned counsel for the petitioners is that the impugned order was passed in their absence and no notice was even given to them before passing this order. The learned counsel for the respondent was not in a position to controvert the correctness of this argument. It also appears from the record that on 25-4-1993 when the impugned order was passed the respondents had not been intimated the date It was after accepting the application for condonation of delay by the order in question that notices were ordered to be issued to the respondents for 25-5-1993. The impugned order having been passed in absence of the petitioners was illegal and ineffective over their rights. The learned counsel for the respondent submitted that the revision is time-barred but he was unable to show any statutory period prescribed for filing revision. He also attempted to argue on merits but those points which he urged in respect of merits would not be relevant at this stage.
4. The Revisions petitions are accepted, the impugned order of Labour Court is set aside and the cases are remanded to the Labour Court for decision afresh on the application for condonation of delay after affording an opportunity to the respondents-petitioners of hearing. There would be no order as to costs. C.Ms. Also stand disposed of. Parties are directed to appear before the Presiding Officer, Labour Court, Mardan on 17-11-1993.