Case Details

Citation(s)
2013 SLG 1802 2013 SLD 1802 2013 PLC 297
Labour Appellate Tribunal, Punjab
Labour Appeal No.LHR-624 of 2011, decision dated: 13-03-2013
ASAD MUNIR, MEMBER

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MUSLIM COMMERCIAL BANK LIMITED through General Manager

VS

Mst. MUSSARAT MUSHTAQ and another

Law:

Section:

Punjab Industrial Relations Ordinance (II of 2010)--- ----S. 51---Appeal---Limitation---Appellant Bank, earlier did not file appeal against impugned of the Labour Court within 30 days, and instead challenged said order in constitutional petition before High Court, which remained pending and was disposed of after more than 11 years---Appellant filed present appeal after delay of 42 days from disposal of constitutional petition without giving any explanation for such delay---Considering that the matter had remained pending before wrong forum/High Court, for more than 11 years, appellant bank should have been more vigilant; and should have filed appeal without further loss of time---Valuable rights would accrue to a party, if the other party would fail to approach the competent court within prescribed period, unless each and every day's delay was explained, which otherwise could not be condoned---Appeal was time-barred and there being no sufficient reason to condone the delay, appeal was dismissed, in circumstances. PLD 1988 SC 53 ref. JUDGMENT ASAD MUNIR (MEMBER).--- Being posted as a Cashier at the Appellant Bank's, Baghbanpura Branch, Lahore, late Mushtaq Ahmed was dismissed from service on 17-4 1984 pursuant to a charge-sheet dated 27-9-1981 wherein it was alleged that while on privilege' leave, he had proceeded to India without obtaining Ex-Pakistan leave and had committed other acts of misconduct including parallel banking, unauthorized issue of receipts to depositors and failure to credit the funds received from account holders to their accounts. Finding that neither the charge-sheet nor the dismissal order "was issued by the competent person, the Punjab Labour Court No.1, Lahore, vide its judgment dated 3-4-1985 reinstated late Mushtaq Ahmed into service with full back benefits. 2. This appeal filed on 18-12-1996 calls into question the legality of the Labour Court judgment dated 3-4-1985 but a preliminary issue has arisen as to whether this appeal is hit by the bar of limitation. As required by section 37(3) of the Industrial Relations Ordinance, 1969, no appeal was filed by the Appellant Bank against the impugned judgment within 30 days. Instead, the…
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