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Writ Petition No. 3256 of 1984, heard on 31st October, 1984.
---S. 34 - Provisional Constitution Order (I .of 1981), Art. 9 --Dismissal of petition for default- Restoration of petition-Order of restoration of petition without notice to other party-Order restoring petition quashed being without lawful authority-Re hearing of application for restoration, after giving notice to petitioner ordered.
M. A. Khadim for Petitioner.
Muhammad Asghar Malik for Respondent No. 1.
Ata-ur-Rehman for Respondent No. 3.
In this writ petition an order, dated 12th July, 1984 of respondent No. 4 restoring the petition filed by the respondent No. 1 under section 34 of the Industrial Relations Ordinance, 1969 dismissed in default on 10th July, 1984 has been challenged.
2. It has been maintained that while passing the order for restoration no notice of the application was given to the petitioner who is allegedly a Collective Bargaining Agent in the Muslim Commercial Bank Lahore.
3. The learned counsel for respondent No. 1 concedes that before petition dismissed in default is restored to its original number a notice according to legal norms is to be given to the other party, which was not done.
4. This writ petition is, therefore, accepted and the order passed on 12th July, 1984 restoring the petition of respondent No, 1 to its original number is quashed being without lawful authority and respondent No.4 is directed to re-hear the application for restoration after giving notice to the petitioner. In the circumstances there is no order as to costs.
A. A.
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