FACTORY MANAGER AND GENERAL MANAGER, OKARA TEXTILE MILLS (PVT.) LTD., OKARA Versus BAKHTIAR

The appeal captioned above emerges from the decision dated 17‑2‑1988 recorded by learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala whereby the respondent has been directed to be reinstated in service with back benefits.

2. The services of the respondent were terminated vide order dated 3‑8‑1986 on the ground of closing the 'Khata'. The respondent while appearing as P.W.1 deposed that he was working as loomshed cleaner at the time of termination of his services and that the said work was still being performed by others. He further stated that Mr. Muhammad Azam who was junior to him was still working. No evidence was produced by the appellant. Since the statement of the respondent stood un-rebutted and unshaken in cross‑examination, the learned lower Court rightly accepted the same. Learned counsel for the appellant has argued that appellant No.l had no jurisdiction to close the case of appellant No.2, therefore, the case of the appellant No.2 was wrongly closed by appellant No.l. The argument is without any force. Appellant No.2 had been proceeded ex parte vide order dated 2‑9‑1987 for his absence and it .was not got set aside. It was therefore, immaterial that appellant No.l stated that he was authorised by the appellant No.2 to close the case. The decision is ex parte against the appellant No.2 and it was neither got set aside by the learned lower Court nor in the present appeal it has been urged that either the said appellant was present or that for some other reasons the learned lower Court was not justified in proceeding ex parte. So, the only difference is that the grievance petition stood accepted in the presence of the appellant No. 2 and ex parte against the appellant No. 1.

3. As a result the appeal fails and is dismissed in limine.

A.E./530/Lb.P Appeal dismissed.