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Review Application No. KAR‑371 of 1971, heard on 4th June 1971.

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----Review‑Petitioner seeking review on basis of document in his possession even at time of order of Labour Appel late Tribunal‑No ground for review and petition, in circumstances, rejected ‑ Civil Procedure Code (V of 1908), O. XLVII, r. 1.

Izzat Puri for Applicant.

S. P. Lodhi for Respondent.

Date of hearing: 4th June 1971.

This is an application for review of my order dated 5th March 1971, on two grounds, namely, that Ghulam Sarwar should not have been paid his wages from. January 1970, but from 10th February 1970. In this connection, reliance was placed on para. 10 of the application. Under that paragraph, the Union stated that Ghulam Sarwar was not paid his wages from 10th February 1970. On the other hand, Ghulam Sarwar stated that he had not been paid his salary from January 1970. The Court awarded wages to Ghulam Sarwar from January 1970, instead of 10th February 1970. It is true, the Court should not have awarded wages from January 1970, but from 10th February 1970. This point should have been urged at the time of the bearing of the appeal. This point cannot be taken now in an application for review.

2. In the second place, the learned Representative for the applicant, Mr. Izzat Puri, states that Amir‑ud-din, a worker, should have been allowed 21 days' Earned Leave instead of 42 days. This contention is based on a document, which he has now filed. This also cannot be a ground for review, as the document was in possession of the applicant and it should have been produced before the learned Labour Court. No ground under Order XLVII, rule 1 of the Civil Procedure Code is mad: out. The application is accordingly dismissed. No other point was urged by Mr. Izzat Puri.

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