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1984 P L C 438
[Labour Appellate Tribunal Punjab]
Present : Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal
MUHAMMAD ISHAQ
Versus
EXECUTIVE ENGINEER, TUBE‑WELL OPERATION
DIVISION, IRRIGATION (SOUTH), SHEIKHUPURA
Revision Petition No. FD‑119 of 1983, decided on 21st February, 1984.
--‑‑S. 36‑Practice and procedure ‑Restoratian of grievance petition dismissed for default. or to set aside ex parte order‑Does not amount to review‑Within jurisdiction of Labour Court‑Labour Court dismissing restoration application on view that it had no power of review‑Order of Labour Court, in circumstances, set aside by Appellate Tribunal in revision and case remanded to Labour Court.
P L D 1972 Lah. 603 rel.
Mian Mahmood Hussain for Appellant.
Mian Farooq Ahmad for Respondent.
Date of hearing : 5th February, 1984.
The above‑captioned revision arises from the order, dated 3rd April, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 3, Lahore at Ferozewala, dismissing the application of the petitioner for restoration of the petition for his re‑instatement. The learned lower Court has expressed the view that it has no power of review. In like cases no question of reviewing the order arises. If it is shown that there was good ground for non‑appearance, the Labour Courts can restore the grievance petitions or set aside the ex pane decision as the case maybe. This is true that there is no provision in the Industrial Relations Ordi nance, 1969 to restore a petition dismissed in default or set aside the decisions pronounced ex parte, but there is also no provision to dismiss the petition or to proceed ex parte. In cases where a Labour A Court chooses to adopt the procedure to dismiss a petition in default, it has the same power to adopt the procedure to restore such a grievance petition to decide it on merits. An order restoring a grievance petition does not amount to reviewing the order whereby the petition was dismissed in default. P L D 1972 Lah. 603 may be cited in support of the view expressed above.
2. As a result, the revision is accepted and setting aside the impugn ed order, the application for restoration of the grievance petition is remanded for decision on merits.
A. E. Revision accepted.
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