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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN VS Respondent: Mst. LEELA
Court Name: Labour Appellate Tribunal Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, MULTAN vs Mst. LEELA Case No.: Revision No. MN-286 of 1985 Date of Judgment:1986-01-27 Reported As: 1986 PLC 639 Result: Revision accepted
JUDGMENT
JUDGMENT The order, dated 29-6-1985, whereby the petition of the petitioner for setting aside ex parte proceedings was dismissed is reported to be wrong and of no legal effect. On a previous date, the reason for non-appearance of the counsel put before the learned lower Court was that the counsel had refused to conduct the cases. In the application for setting aside ex parte proceedings, it was pleaded that the counsel was busy in the other Court. Whatever the reason may be, since ex parte decision has not been passed and plea of the respondent was not that the application for setting aside ex parte proceedings was time-barred, it would have been in the fitness of things if the learned lower Court had set aside the ex parte proceedings. If the petitioner had shown negligence, it could be burdened with costs. Only one witness of the respondent had appeared and the petitioner wishes to cross-examine her and to produce its own evidence. So far as evidence to be produced by the petitioner is concerned, the lower Court has allowed the same. The next date is fixed for this purpose. So the only difference by accepting this petition would be that the petitioner will cross-examine the respondent. In these circumstances, it appears to be fit case for interference. I, accordingly, accept the revision and sell aside the impugned order on payment of Rs.200 as costs. A. E.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.