1. DECISION This is an appeal ^against the order of the learned Presiding Officer of Labour Court No. III, Karachi, dated the 10th of December 1973, whereby the learned Labour Court, refused to restore the application filed under section 32(l)(A) of the I. R. O. of 1969 (hereinafter called the 'Ordinance'), for non-prosecution. A preliminary objection has been taken by the learned Representative for the respondent that no appeal lies as it is not an Award. On the other hand Mr. Shafiq Qureshi, the leamed Representative for the appellant contended that it is an Award as the result of the order to restore the application is adjudication of the application itself. Mr. Siddiqui, for the respondent relied on my decision reported in 1970 L L C 347. In almost similar circumstances*I have held that no appeal lies from an order refusing to restore the case. I have given elaborate reason why the order is not appealable. No prejudice is caused to the respondent-Union as it can make application that the decision being not on merit cannot operate as adjudicated. The Appeal is dismissed on that ground as not maintainable,