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1995 PLC 563

LAHORE MUNICIPAL CORPORATION YOUNG TEACHERS FRONT through General

Citation1995 PLC 563
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal accepted

' This is an appeal brought under section 11 of the Industrial Relations Ordinance, 1969 against the order dated 9-7-1986, whereby the appellant union was proceeded ex parte and the order dated 17-9-1986 when the learned Punjab Labour Court No, 2, Lahore accepted the petition of the Registrar ex parte.

2. The Registrar had moved the learned lower Court for permission to cancel the registration of the appellant union. None appeared on behalf of the appellant on the date fixed, therefore, the appellant was proceeded against ex parte, and on 17-9-1986 an ex parte decision was recorded allowing the Registrar to cancel the registration of the appellant union. The appellant moved an application for setting aside the ex parte decision but the petition has been rejected on the ground that the Court has no powers of review. No question of reviewing the order dated 17-9-1986 arose. The appellant had asked the learned lower Court for setting aside the ex parte decision dated 17-9-1986 on the ground that his absence on 9-7-1986 was for good reasons. No prayer has been made for reviewing the order nor it was said that there was any error in the said order. If the learned lower Court could proceed ex parte against the appellant for the non-appearance, it could set aside the ex parte decision as well if good cause had been shown in order to enable the appellant to contest the application brought by the respondent. The Representative of the respondent has not been able to say anything against this view.

3. As a result, the appeal is accepted and setting aside the order dated 17-9-1986, the application given by the appellant for setting aside the ex parte decision is remanded for decision on merits.

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