1999 PLC 399 (PLP)

‑‑‑‑Ss. 25‑A & 38(3‑a)‑‑‑Ex parte order ‑‑‑Revisional jurisdiction exercise of‑‑‑On filing grievance petition by employees against termination of their services, employer failed to appear and ex parte order was passed against employer and in favour of employees‑‑‑Employer filed application for recalling ex parte order and Labour Court after hearing parties recalled ex parte order and directed employer to file written statement‑‑‑In absence of any incorrectness, illegality and propriety in order passed by Labour Court in recalling ex parte order, said order could not be interfered with in exercise of revisional jurisdiction of Labour Appellate Tribunal. M.A.K. Azmati for Applicant. Nemo for Respondents. Date of hearing: 8th February, 1999. These are two Revision Applications bearing Nos.KAR‑393 of 1998 and KAR‑394 of 1998 under section 38(3‑a), of Industrial Relations Ordinance, 1969 filed by the applicants/informants against the order, dated 16th of. November, 1998 whereby the learned Labour Court No. III, Karachi recalled his earlier order, dated 29th of November, 1998 passed on application moved by the respondent. Brief facts giving rise to the above Revision Applications are that the applicants /informants were dismissed from their employment as Helpers in the respondent's Factory whose services were terminated verbally on 1‑6‑1997. They filed an application under section 25‑A of I.R.O., 1969 on 27‑8‑1997. A number of notices were sent to the respondent, but the same were returned un-served as the factory was found closed. Ultimately, it appears, that the bailiff pasted the notice on the outer door of the premises of the factory but did not obtain the signature of any witness for the same. However, the matter proceeded ex parte and applicants/informants were reinstated with back benefits by order dated 25‑11‑1997. As alleged the applicants/informants approached the management of the factory for reinstatement but in vain, they, therefore, filed an application under section 25‑A(8) of the Industrial Relations Ordinance, 1969. Summonses were issued to the respondents but returned un-served. Thereafter, the learned Labour Court issued two warrants against the respondents which were duly executed on Zahid and Khalid who thereupon, filed an application for recalling the ex parte, order on 5‑9‑1998 supported by an affidavit. Learned Labour Court after hearing the parties recalled its earlier order passed ex parte on 16‑11‑1998 and the respondents were directed to file their written statement on the next date of hearing, for decision on merits. I have heard Mr. M.A.K. Azmati, learned counsel for the applicants and I do not find any incorrectness, illegality, and impropriety in the order passed by the learned Presiding Officer, Sindh Labour Court No.III. Karachi, and do not feel inclined to interfere with the same. In result, the Revision Applications are dismissed. H.B.T./308/K/(Lab. (Trib). Revision dismissed.