Law:

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Industrial Relations Ordinance (XXIH of 1969) S. 37(3) Constitution of Pakistan (1973), Arts.2A &199 Constitutional petition Effective order having been passed against the petitioner by the Labour Court, Labour Appellate Tribunal was required to decide appeal on merits instead of dismissing the same as time barred because under Art.2A, Constitution of Pakistan (1973), the case must be decided on merits instead of resorting to technicalities in the procedural law Effective order having been passed by the Labour Court against the petitioner he was well within his right to file appeal before the Tribunal -High Court, in exercise of its Constitutional jurisdiction, remanded case to the Tribunal to decide the same afresh on merits. Fazal Karim and another v. Ghulam Jillani and another 1975 SCMR 452; Akram Raz and another v. Sher Jamal 1980 SCMR 375; Muhammad Ramzan Bakhsh v. Ahmed 1991 SCMR 716; PLD 1962 Kar. 344; PLD 1957 Kar. 843; PLD 1987 Kar. 575; 1996 CLC 1184; PLD 1989 Lah. 64; PLD 1993 Lah. 141; 1998 PLC 1; 1996 PLC 702; 1998 SCMR 172; H.M. Saya & Co., Karachi v. Wazir Ali Industries PLD 1969 SC 65; 1997 SCMR 860; Sher Muhammad's case PLD 1989 SC 532; Khuda bar's case PLD 1975 SC 678; Mst. Sardaran's case 1993 SCMR 363 and Messrs Adam G Construction Companies' case 1999 MLD 2202 ref. Shahid Anwar Bajwa for Petitioner AND Khan Muhammad Bajwa for Respondents. Date of hearing: 3rd April, 2000. JUDGMENTS The brief facts giving rise to this writ petition are that responder No. 1 was employee of appellant as Officer since 3 4 1965. The services for respondent No. 1 were terminated by the petitioner vide order date 23 10 1984. The respondents being aggrieved, filed grievance petition untie section 25A of I.R.O., 1969 before the Punjab Labour Court No.7 Guiranwala which was allowed vide judgment dated 4 8 1989. The petitioner being aggrieved filed appeal under section 37(3) of I.R.O., 1969 before the Punjab Appellate Tribunal which was dismissed vide judgment dated 22 11 1989. It is pertinent to mention here that the petitioner did not agitate the matter before any higher forum. The petitioner failed to implement the aforesaid judgment of Punjab Labour Court…

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