DECISION Notice of pre-admission hearing was given in these 37 appeals, and after the respondent had been duly served, the matter was fixed for hearing on 15-12-1993. The learned counsel for the respondent was present but Mr. Akhlaq, Ahmed Siddiqui learned counsel for the appellants did not turn up, though the matter was called repeatedly. As a result the appeals came to be dismissed in default.
2. An application for restoration of these appeals was filed by Mr. Akhlaq Ahmed Siddiqui on 2-1- 1994.
3. In the affidavit which was filed by Mr. Akhlaq Ahmed Siddiqui personally, he had the following to say in paragraph three thereof-- ---3. That the above appeals were fixed for hearing on 15-12-1993 by this Hon'ble Tribunal but all of a sudden I fell ill and could not attend the above matter as the illness was of serious nature (suffering from Angina pictoris with serious ailment of whooping cough and respiration/medically advised rest with no attendance in Court for the, time being, since 13-12-1993 with restraint against exertion."
However, the word angina pictoris was struck out and the word typhoid was over written in hand.
4. It appears that the copy of the affidavit supplied to the learned counsel for the respondent was without the amendment. A counter-affidavit was filed by Mr. Rafiq Malik, Advocate personally in which it was stated that Mr. Akhlaq Ahmad Siddiqui was not suffering from Angina Pictoris on 15-12- 1993 and he had appeared before the High Court in HCA No. 30 of 1993. In support thereof he had produced a certified copy of a consent application he had filed before the Division Bench of the High Court and also the Cause List of even date. Mr. Rafiq Malik had also stated in his affidavit that Mr. Akhlaq Ahmed Siddiqui had also appeared on the same day before the Labour Court No. V in Appeal No. 112 of 1992 and submitted an adjournment application. He had furnished a certified copy of the extract of the diary sheet and the adjournment application alongwith the Vakalatnama. The Restoration Application in the circumstances was opposed by him.
5. Mr. Akhlaq Ahmed Siddiqui had then filed a joinder to the counter-- affidavit in which he had the following to say:- "The fact is that I accidentally fell down due to feverish giddiness on the road leading to the Hon'ble Tribunal adjacent road near the High Court and could not regain senses and some people put me in a yellow cab which took me to home where I contacted the medical clinic near my house, the medical Doctor advised me to have rest."
Further it went to say: "it is respectfully submitted that after ,attending the Hon'ble High Court on 15-12-1993. I moved adjournment application in the Court for attending the Hon'ble Tribunal and as soon as started proceeding to the Hon'ble Tribunal and hardly reached the road leading to the Hon'ble Tribunal I fell down on the ground and hence I could not attend such matter on the aforesaid date due to the unfortunate accident."
6. Alongwith this rejoinder he had filed an additional affidavit of even date in which omission of the "accident after attending the case in the High Court and the consequent adjournment application before the Labour Court came to be added.
7. I would desist from 'making any comments. All I will say is that sufficient cause has not been made out for the restoration of the appeals.
8. In the result I will reject the application.