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Appeal No. KAR‑269 of 1973, decided on 23rd May 1973.

‑‑‑ Ss. 2(ii), (xiii) & 37(3) read with Civil Procedure Code (V of 1908), O. IX, r. 13‑Refusal to set aside, ex parte order‑Not at adjudication of industrial dispute hence not an award‑Not appea l able‑Award, held, would not remain dormant till disposal of apply section under O. IX, r. 13, Civil Procedure Code‑Limitation of 31 days to run from date of award and not from date of disposal d application to set it aside.

M. A. Razzaq for Appellant.

Wasi Ahmad for Respondent.

Date of hearing: 23rd May 1973.

This is an appeal against an order of the learned Presiding Officer of Sind Labour Court No. 1, Karachi dated April 4th 1973, whereby the learned Labour Court dismissed the application of the Appellant filed under Order IX, rule 13 of the Code of Civil Procedure. Mr. Wasi Ahmad, the learned Representative for the respondent, has take a preliminary objection that no appeal is maintainable against the impugned order as it cannot be said to be an award .Award is defined under section 2111) of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), to mean----

"the determination by a Labour Court, Arbitrator or Appellate Tribunal of any Industrial dispute or any matter relating thereto and includes an interim award."

2. Mere refusal to set aside an order cannot be said to be an industrial dispute. Industrial dispute means:

"any dispute or difference between employers and employer or between employers and workmen or between workmen and workmen, which is concerned with the employment or non‑employment or the terms of employment or the conditions of work of any person.

3. Refusal to set aside the order passed ex parts cannot be said to be a matter connected with the employment or non‑employment or the terms of employment or the conditions of work of any person. I am of the view that the impugned order is not an award and, therefore, no appeal would lie against the said order.

4. Mr. M. A. Razzaq, the learned Representative for the Appellant, contended that the award become final only after his application under Order IX, rule 13, had been disposed of, i. e. on 4th April 1973. There is rio force in this contention. Under Section 37(3) of the Ordinance, Any party aggrieved by an award given under subsection (1) . . . . may prefer an appeal to Labour Appellate Tribunal within 30 days of the delivery thereof

The appeal, therefore, had to be filed within 30 days of the delivery of the award. There is nothing in subsection (3) of section 37 o the Ordinance to lead one to the conclusion that the time of 30 days for filing the appeal from the delivery, of the award would remain dormant till the disposal of the application under Order IX, rule 1s of the C. P. C.

5. For the reasons given above, the appeal is dismissed as not maintainable.

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