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Appeal No. 866 of 1973, decided on 22nd April 1974.
--- S. 37-Appeal-Labour Court's order refusing to restore petition under S. 32(1-A) dismissed for non-prosecution-Not an award, hence not appealable. L. L. C. 1970, 347 rel.
Shafiq for Appellant.
Khurshid Ahmad Slddiqui for Respondent.
This is an appeal against the order of the learned Presiding Officer of Labour Court No. 111, Karachi, dated the 10th of December 1972, whereby the learned Labour Court refused to restore the application filed under section 32(1-A) of the I. R. O. of 1969 (hereinafter called the 'Ordinance'), for non-prosecution. A preliminary objection has been taken by the learned -. Representative for the respondent that no appeal lies as it is not an Award. On the other hand Mr. Shafiq Qureshi, the learned Representative for the appellant contended that it is an Award as the result of the order to restore the application is adjudication of the application itself. Mr. Siddiqui, for the respondent, relied on my decision reported in 1970 L. L. C. 347. In almost similar circumstances I have held that no appeal lies from an order refusing) to restore the case. I have given elaborate reasons why the order is not, appealable. No prejudice is caused to the respondent-Union as it can make application that the decision being not on merit cannot operate as adjudicated. The appeal dismissed on that ground as not maintainable.
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