ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No. D-2357 of 2014

Date	Order with signature of Judge

Present,

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Malik Gaddi

Qaiser Nawaz ………………………………………………………petitioner.

Member, Sindh Labour Appellate Tribunal & others.…Respondents.

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01.11.2016.

Mr. Ashraf Hussain Rizvi, Advocate petitioner.

Mr. Sibtain Mehmood, A.A.G.

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MUHAMMAD ALI MAZHAR, J:- Despite repeated notices, nobody is present for respondent No.3. The case of the petitioner is that vide order dated 05.09.2009 his grievance application was allowed by Sindh Labour Court No.II, Karachi with direction to the respondent No.3 to reinstate him in service with full back benefits within 30 days. This order was challenged by the respondent No.3 before Sindh Labour Appellate Tribunal, Karachi in Appeal No. KAR-1630/2010 but the same was dismissed for non-prosecution. Thereafter, restoration application was filed by the respondent No.3 before the Tribunal. The grievance of the petitioner is that without issuing any notice to him the Appeal was restored by the Tribunal and thereafter he filed application for recalling the restoration order, which was also dismissed vide order dated 11.04.2014. Virtually the appeal is pending in Sindh Labour Appellate Tribunal but due to filing of this petition the matter is being dragged and the ultimate sufferer is the petitioner because despite passing order by the Labour Court in his favour he has gained nothing except protracted litigation. Since the Appeal is already pending, therefore, learned counsel for the petitioner requests that some direction may be issued to the Member, Sindh Labour Appellate Tribunal to expedite the proceedings so that the main Appeal may be decided to an early date.

2. As a result of above discussion, this petition is disposed of with direction to respondent No.1 to decide pending Appeal of the respondent No.3 preferably within a period of one month as the matter is very old.

3. A copy of this order may be transmitted to the learned Member, Sindh Labour Appellate Tribunal.

JUDGE

Athar Zai