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Petition No. LHR‑485 of 1979, heard on 4th May, 1982.
‑‑ Ss. 36 & 38 (3‑a) ‑Practice and procedure ‑ Order of Labour Court not signed by Presiding Officer no longer holding that Ofiice -Such order, held, has no binding force ‑ Appellate Tribunal in exercise of revision powers setting aside such order and remanding case for decision on merit after opportunity of evidence to parties.
Malik Muhammad Asghar for Petitioner.
Ismatullah for Respondent.
Date of hearing : 4th May, 1982.
This revision is directed against the order, dated 21st May. 1979 passed by the learned Presiding Officer, Punjab Labour Court No. 1, Lahore, whereby the case of the petitioner was closed.
2. The revision succeeds on the short ground that the impugned order does not bear the signatures of the Presiding Officer. An order without signatures is no order and has no binding force. The learned Presiding Officer who was seized of the case at the time the impugned order was typed is not now holding the said Labour Court and thus is incapacitated to sign the order. The successor of the said Officer also is not competent to sign the order because at the time the order was recorded, he was the Presiding Officer of the Court and was not seized of the case. I, accordingly, accept the revision and setting aside the impugned order dated 21st May, 1979 send back the case with a direction that the petitioner be afforded opportunity to produce evidence and, there after the respondent be asked to produce evidence and the case be decide on merits.
A. E.
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