' This is an appeal against the decision dated 1-9-1976 of Punjab Labour Court No, 4 (now No, 8), Mohan, dismissing the petition of Amir Khan, appellant in default.
2. Amir, Khan, appellant filed an application for the setting aside of the ex parte decision dated 1-9- 76, The Labour Court vide order dated 18-10-1976 dismissed the aforementioned application. The appellant has now preferred an appeal against the original decision of the Labour Court dated 1-9- 1976. Alongwith the memorandum of appeal, an application has also been filed under section 5 of the Limitation Act for the condonation of delay in filing the appeal.
3. After the petition of the appellant had been dismissed in default on 1-9-1976, he had two legal remedies available to him. Either he could file an appeal against the aforementioned ex parte decision or file an application for the setting aside of the ex parte decision. He elected to adopt the second course and when his application was dismissed, he filed the appeal against the original decision dated 1-9-1976.
4. The above ground, in my view, is sufficient to condone the delay in filing the appeal and I, accordingly, condone the delay.
5. Now coming to the merits of the case, I find that according to the statement made by Mr. Nazir Ahmad Naz that on 1-9-1976 he was present in the Labour Court, but since his power-of-attorney could not be found, he was not allowed to represent the appellant. On perusal of the record I find that Mr. Nazir Ahmad Naz had been appearing on behalf of the appellant in the past and there is also a power-of-attorney in his favour given by the appellant. Under these circumstances, he should have been allowed to appear on behalf of the appellant and the decision, dismissing the petition in default was' uncalled for.
6. I, accordingly, accept the appeal, set aside the decision of the Labour Court and remand the case back for decision on merits in accordance with law.