' This is a revision application against the order dated 30-11-1998 passed by the learned Labour Court No,4, Karachi, whereby application dated 29-8-1998, moved by the applicant herein, for recalling the order dated 11-8-1998, was dismissed.
2. It appears that the matter was filed for cross-examination of the applicant for 11-8-1998 but the junior of Mr. M.K. Badar, Miss, Khalida Khatoon, instead of 11-8-1998 noted in her diary as 17-8-1998.
Mt. Badar submits that on 17-8-1998 when she went to attend the case, it was found that the case was fixed for 11-8-1998 and not for 17-8-1998 with the result that the cross-examination of the applicant was closed.
3. It appears that on 29-8-1998 an application for recalling the order, dated 11-8-1998 was made, The learned Presiding Officer, issued notice of the said application for 10-9-1998. The application was, however, heard on 30-11-1998 which, by order of the same date, was dismissed. Against which the above revision application has been filed.
4. On my enquiry, the respondent herein submitted that his case is still pending in the Labour Court and no final decision has yet been taken on his application under section 25-A of the I.R.O.
1969.
5. It seems that the mistake on the part of the junior of Mr. Badar was bona fide and the application for re-calling the order dated 11-8-1998 was made without delay i,e, on 29-8-1998 so the observations of the learned Presiding Officer that, "the application is sufficiently belated and hopelessly time-barred" is not supported by record.
6. Mr. Badar offered a sum of Rs,500 as cost to compensate the respondent herein. I think the offer is on a low side. Let him pay Rs,1,000 as cost to the respondent. The revision application is, therefore, allowed subject to payment of Rs,1,000 as cost. The parties are directed to appear before the learned Labour Court on 5-4-1999, which is already fixed by the learned Labour Court. Mr. Badar undertakes to be present with his client Attaullah in Court on 5-4-1999, on which date he will also pay the Cost to the respondent. This will be the last opportunity for the applicant for presenting himself for cross-examination by the respondent, as the fire is hanging for the last five years.