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Revision Petition No. LIIR‑699 of 1979, heard on 11th April, 1982.
‑‑‑Ss. 25‑A(4) & 36(2)‑‑Civil Procedure/Code (V of 1908), O.IX, r.13‑ Adjudication of grievance petition by L(hour Court amounts to adjudi cating on industrial dispute and while adjudicating grievance petition Labour Court, held, has same powers as vest in a civil Court under Civil Procedure Code, 1908‑‑Application under S.25‑A decided ex parte‑‑Application for setting aside such ex parte decision, held, maintainable under r. 13 of O. IX of Civil Procedure Code, 1908.
Syed Noor Ahmad for Petitioner.
Ch. Ghulam Qadir for Respondent.
Date of hearing: 11th April, 1982.
In this revision the order dated 24‑7‑1979 passed by the learned Presiding Officer, Punjab La ur Court No.2, Lahore, whereby the application of the petitioner or setting aside ex parte decision was dismissed, has been challenged.
2. The only ground upon which the of the petitioner was dismissed is that such a petition is not competent. No reason has been given for the in-competency of the application. The learned trial Judge did not say that he had no jurisdiction to entertain and decide such a petition. Section 36 (2) of the Industrial Relations Ordinance, 1969 states that the Labour Courts shall for the purpose of adjudicating and determining any Industrial dispute be deemed to be a civil court and shall have the same powers as are vested in such courts under the Code of Civil Procedure According to section 25‑A (4), the Labour Court has to decide petitions given under that section as if such a matter were an industrial dispute. Therefore, application under section 25‑A was decided ex pate s if an industrial dispute, therefore, under section 36 it has all those powers which a civil court has. In a civil case decided ex parte an application for setting aside ex parte decision can be entertained and adjudicated upon under Order IX, rule 13. So, by analogy an application for setting aside ex parte decision delivered under section 25‑A can also be recalled if sufficient grounds for non appearance are given and the case can be re-decided after hearing both the parties. The Labour Courts dismiss petitions pending before them in default where the petitioners fail to appear and on applications for restoration are restoring them. In the same manner a case can be proceeded against ex parte against the respondent and if he shows good cause for his non‑appearance, the ex parte proceedings can be set aside. Likewise if an ex parte decision has been announced, the same can be set aside on good cause being shown. If the learned trial Judge was of the opinion that he had no jurisdiction, he was wrong and he was competent, to hear and decide the petition given for setting aside ex parte decision on merits.
3. I, accordingly, accept the revision and setting aside the impugned order, send the case back for deciding the application given for setting aside ex parte decision, on merits.
A. E.
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