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Appeal No. G.A.‑528 of 1983, decided on 17th February, 1985,
‑‑Ss. 25‑A & 36‑Practice and procedure‑Restoration of petition dismissed in default‑Petitioner confined to jail‑Sufficient ground for restoration.
Appellant in person.
Hameed‑ur‑Rehman for Respondents.
Date of hearing: 10th February, 1985.
The order dated 15th September, 1983 passed by the learned presiding Officer, Punjab Labour Court No. 7, Gujranwala ‑has been challenged, whereby the application of the appellant for the restoration of his grievance petition was dismissed. The ground of restoration was that the appellant had been convicted of 'a criminal offence and sentenced to imprisonment. The application for restoration of the case was duly supported by an affidavit which had not been controverted by any counter-affidavit. If the learned lower Court was not inclined to accept the affidavit, it should have called upon the appellant to prove that he had been confined to jail. This was a sufficient ground for the restoration of grievance petition.
2. As a result, the appeal is accepted and setting aside the impugned order and the order of the dismissal of grievance petition, Ike same is restored and the learned lower Court is directed to decide, it on merits after affording proper opportunity to the parties to prove their contentions.
A. E.
Appeal accepted.
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