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MUHAMMAD RAFIQUE versus LYALLPUR COTTON MILLS, FAISALABAD


Industrial Relations Ordinance 1969 Section 38 Review Tribunal Has No Reviewing Power The decision can be corrected by a clerical or mathematical error, but cannot be substituted by setting aside the decision.

1985 P L C 838(1)

[Labour Appellate Tribunal Punjab]

Present : Muhammad Abdul Ghafoor Khan Lodhi, Appellate Tribunal

MUHAMMAD RAFIQUE

Versus

LYALLPUR COTTON MILLS, FAISALABAD

Review Petition No. FD‑4 of 1980, decided on 23rd February, 1982.

Industrial Relations Ordinance (XXIII of 1969)‑

‑‑ S. 38‑Review‑Tribunal has no review power ‑ Clerical or arithmetical mistake in judgment can be corrected but judgment cannot be set aside and substituted.

A. M. Khan, Representative for Petitioner.

JUDGMENT

This is a review petition for setting aside order dated 31st March, 1981 passed by my learned predecessor and re‑hearing the case on merits. The appeal of the petitioner was dismissed for non‑prosecution as well as on merits after discussing merits of the case. Since the case has been decided on merits interference in order would amount to review but I have no power of review under the Industrial Relations Ordinance, 1969. If there is clerical or arithmetical mistake in the judgment it can be corrected but judgment cannot be set aside and substituted a new one. The petition is, therefore, dismissed.

A. E.

Petition dismissed

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