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Appeal No. LHR‑162 of 1981, decided on 11th Janua:y, 1983.

Industrial Relations Ordinance (XXIII of 1969)---‑

‑‑ S;. 25‑A, 36 & 38‑Adjudication by Labour Court‑Procedure -Petition against dismissal from service ‑Petitioner claiming that notice of enquiry was sent on a wrong address‑Praying for summoning of enquiry file‑Labour Court without deciding such prayer closing peti tioner's case and ultimately dismissing petition‑Petitioner, in circumstances, held. condemned unheard before Labour Court‑Order of; Labour Court set aside and case remanded for decision after die. posing of prayer for summoning of record.

Muhammad Asghar Walik for Appellant.

Sajid Hashmi for Respondent.

Date of hearing : 1 8th December, 1982.

This appeal arises from the decision dated 12th February, 1981 passed by the learned Presiding Officer. Punjab Labour Court No. 1, Lahore, whereby the grievance petition of the appellant for his re‑instatement was dismissed for want of proof. The appellant had given an application on 17th June, 1979 for summoning the enquiry file and his service record including the surety bond in order to show that notice of enquiry was issued or a wrong address different from his permanent address. Notice of the appli cation was given to the respondent but no reply was given, nor the learned lower Court passed any order accepting or rejecting the. application: 'There after, many a time the case was adjourned but the ground of adjournment was not recorded. Only this much was written on every date "Now the case to come up for petitioner's evidence on............." On 16th February, 1980 the case of the appellant was closed and the case was adjourned for the respondents evidence. The case was, thereafter, again adjourned with out giving any reason. The appellant made an application on 1st October, 1980 for recalling the order by which his case, had been closed but on the objection of respondent that there was no power of review the petition was dismissed. Since the appellant had not been able to produce any evidence as his case had been closed, the petition was dismissed.

2. Without disposing of the application of the appellant for the sum moning of record, the case of the appellant could not be closed. He wanted to show that his permanent address given in his service record was different from the one on which enquiry notice had been issued. 1f in reality notice of enquiry had been served due to wrong address, the order of dismissal was not sustainable and the appellant was condemned unheard even in the learned lower Court. The order of dismissal of the grievance petition in the above‑mentioned circumstances is not maintainable. I, accordingly, accept the appeal and setting aside the impugned decision of the learned lower Court, remand the case for decision afresh after considering and disposing of the application dated .17th June, 1979 for summoning of record,

Case remanded.

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