DECISION ' The respondent was emprOyed by Pakistan Steel Mills. He had filed petition under section 25-A of the I.R.O. For reinstatement and back benefits. On the date of hearing the respondent and his Advocate were called absent and the petition was dismissed for non-prosecution. After about 11 months an application for restoration was moved on the ground that the delay was on account of the illness of the petitioner. A Medical Certificate of Dr. Ahmed Ali Khan was produced showing that the petitioner was under treatment for pyscho-somatic condition. Dr. Ahmed Ali Khan has certified that the respondent was being treated with effect from 23-4-1995 for pyscho-somatic condition and he had fully recovered on the date of the certificate namely 13-3-1996. The Application for Restoration was filed on 19-3-1996 when default was committed on 26-4-1995. The patient started treatment three days before the date of hearing. The Medical Officer has not specifically mentioned the condition of the patient but has generally shown his condition as being psyche- somatic.
2. Thus, the Restoration Application moved after 11 months is apparently time-barred as it has to be preferred within 30 days and no application for condoning delay was moved under section 5 of the Limitation Act. The Restoration Application has to be filed within time i,e, 30 days from the date of dismissal. If the application is admitted then sufficient cause is to be shown for non-appearance of the petitioner on the date of hearing.
3. In the present case the Restoration Application without an application under section 5 of the Limitation Act was not competent in the absence of an application for condonation of delay. Delay for each day had to be accounted for during the 11 months. It is not known whether the disease that the petitioner was suffering from, disabled him completely or the fits came at intervals allowing him sufficient time to contact his Advocate and instruct him for moving the Labour Court to condone his non-appearance. The Medical Certificate being vague and not specific nothing can be said what the pyscho-somatic condition was and without further diagnosis, case A history and treatment that was being given to him. In the absence of any application for condoning the delay the question of condo nation does not arise. Apparently the Restoration Application is time-barred by 10 months. Since each day's delay has to be explained it was not within the discretion of the Trial Court, to admit the Restoration Application.
4. The admission of the Restoration Application is, therefore, set aside and the Revision Application is allowed.