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1996 PLC 55

ISHAQUE ALI vs THE PRESIDING OFFICER, SECOND SINDH LABOUR COURT,

Citation1996 PLC 55
CourtLabour Appellate Tribunal
Case No.Revision Application No, KAR-419 of 1994
Date1995-08-09
Judge(s)Mushtaq Ali Kazi
ResultApplication dismissed

DECISION ' This appeal arises from the order of the Labour Court No, II, Karachi dismissing the petition under section 25-A for non-appearance of the representative and the party on the date of hearing. The hearing was fixed on 25-5-1994 and the applicant and his representative were called absent. On 29-5-1994 the representative filed application for restoration. It was the case of the applicant's representative that the applicant who had attended the Court on the previous hearing mistakenly recorded next date to be 28-5-1995 when the actual date fixed was 25-5-1994.

2. No evidence has been produced that the absence of the party and the representative was due to mistake, the fact regarding date of hearing. Even the diary of the representative has not been submitted to show that the hearing was recorded in the diary as 28-5-1994. The Labour Court also found that no interest has been shown by the applicant in this case and even the copies of documents to be filed had not been obtained by the applicant. I accordingly find that no sufficient cause has been established for setting aside the order of dismissal passed by the Trial Court. This application is therefore dismissed.

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