SUI NORTHERN GAS PIPELINES LTD. Versus N.I.R.C.

Petition brought by respondents Nos. 4 to 7 under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969, vide order dated 26-11-1995 was dismissed in default in the presence of the petitioner, who was the respondent in the application under section 22-A(8)(g). Subsequently, on an application moved by respondents Nos. 4 to 7 the petition was restored without notice to the petitioner. Under Order IX, Rule 9, C.P.C. notice to the opposite-party before the restoration in such circumstances is obligatory. Even if the provisions of C.P.C. are not strictly applicable, the rule of natural justice requires that an order of restoration ought to have been passed after hearing the other side. This having not been done, the impugned order of restoration suffers from grave illegality.

2. It is hereby declared that impugned order is passed without lawful authority and of no legal effect. Resultantly, the application for restoration under Order IX, Rule 9, C.P.C. shall be deemed to be pending and will now be disposed of in accordance with law after hearing the parties. No order as to costs.

H.B.T./S-201/L Petition allowed.