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Appeal No. HYD: 39 of 1968, heard on 17th February 1969.
--‑Practice ‑Party's representative praying adjournment for his inability to attend due to wife's serious illness‑Court receiving such request after orders passed in case Court, in circumstances, held, though could not adjourn, decision nevertheless set aside and case remanded for hearing arguments of representative of such party‑West Pakistan Industrial Disputes Ordinance (IV of 1968), S. 16.
Wasihullah Qureshi for Appellant.
Sirajul Haq Qureshi for Respondent No. 1.
Date of hearing: 17th February 1969.
This is an appeal under section 16 of the West Pakistan Industrial Dispute Ordinance, 1968, against an order of the learned Chairman of the Second West Pakistan Industrial Court; Karachi, dated 24th June 1968, on an application under section 30 (2) of the Industrial Disputes Ordinance, 1959. It is not necessary for the disposal of this appeal to give the facts of the case in view of the contention of Mr. Wasihullah Qureshl. The learned Representative for the appellant.
2. Mr. Wasihullah Qureshi contended that on 24th June 1968. his wife seriously fell ill and he asked for adjournment of the ,;con that ground. He sent a telegram to the learned Chairman at 9‑45 a.m. from Hyderabad. The learned Chairman of the Industrial Court received the telegram, as would appear from his endorsement on the telegram, at about 1‑20 p. m. The endorsement of the Chairman. on that telegram is as under :‑
"Received after the order passed. File."
3. It appears from the order sheet of the learned Court of 24th June 1968, that Mr. Mahboob Rizvi for the applicants (respondent No. 1, before this Court) filed his arguments and the case was cst rved for decision. It, however, appears from the order sheet of the Court of the same date that the learned Chairman changed his mind and dictated the order on the same date and pronounced it on the same date.
4. I would accept the endorsement of the learned Chairman of the Industrial Court that he received the telegram after he had passed the order, He could not, therefore, adjourn the cage am, however, sat is he i that the wife of Mr. Wasihullah Qureshi, was seriously ill on 24th June 1968, and he, therefore, could not leave her alone at Hyderabad and come to Karachi. I would,' therefore, set aside; decision of the learned Chairman date rd 24th June 1968, and remand the case for bearing the arguments of the learned Representatives of the parties before disposing on the matter
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