Law:

Section:

Balochistan Industrial Relations Act (XIII of 2010)--- ----Ss. 41 & 55(3)---Grievance application---Dismissal from service---Reinstatement in service--- Appeal--- Limitation--- Employee was dismissed from service---Labour Court set aside order of dismissal and restored employee on his last position with all back-benefits---Appeal against reinstatement was filed by employer with considerable delay---Validity---If the period from date of announcement of impugned of the Labour Court and after delivery of certified copy of impugned was excluded, even then the appeal was filed with a delay of 54 days and that period of delay had not been explained---Even void order could be set aside by process of law, but within reasonable period---Delay of each and every day was to be explained, but same had not been done in the case---Point of limitation and condonation of delay was a pure question of law, and courts were under legal obligation to take notice of the same, even if the point had not been raised by the parties---Appeal filed by the employers was hopelessly barred which accurated a right in favour of employee and same could not be condoned without any sufficient cause---Impugned order was upheld and appeal was dismissed, in circumstances. PLD 2003 Kar. 691; 2003 YLR 1752; 2010 PLC 104; PLD 2003 SC 628 and PLD 2002 SC 403 ref. THIS JUDGMENT DELIVERED BY: ABDUL GHIAS NOUSHERWANI (MEMBER):---.--- The respondent/applicant challenged his dismissal order which read as under: "Now therefore, having considered the record of proceedings, the Authority in exercise of Powers vested under rule 5(1)(iv) read with Rule 3 of Government Servant (Efficiency and Discipline) Rules, 1973 hereby imposed major penalty "Dismissal from Services" as prescribed in Rule 4(1)(b)(iv) of said rules upon Muhammad Ibrahim Postman (BPS-7) with immediate effect. The criminal case bearing F.I.R. No.14/2011 against him is under trial before Honorable Anti-Corruption Court Quetta and recovery of Embezzled amount Rs.578,232 may be made through court of law. His name is struck off from the strength D.O. Quetta." According to judgment impugned and order sheet dated 7-9-2012 the notices of…

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