| Citation(s) |
|---|
| 2017 SLG 1717 2017 SLD 1717 2017 PLC 249 |
Lahore High Court
W.P. No. 17765 of 2012, heard on 4-05-2015
FAISAL ZAMAN KHAN, JUSTICE
Mian Muhammad Javed for Petitioner. Syed Hamid Raza Bokhari for
Respondents.
W.P. No. 17765 of 2012, heard on 4-05-2015
FAISAL ZAMAN KHAN, JUSTICE
Mian Muhammad Javed for Petitioner. Syed Hamid Raza Bokhari for
Respondents.
FESCO/WAPDA THROUGH CHIEF EXECUTIVE OFFICER AND 3 OTHERS
VS
PUNJAB LABOUR APPELLATE TRIBUNAL AND ANOTHER
Law: Punjab Industrial Relations Act, 2010
Section: 47
Punjab Industrial Relations Act (XIX of 2010)--- ----S. 47---Appeal to Appellate Tribunal---Limitation---Appeal before the Appellate Tribunal, was barred by 83 days---Petitioners/department had not been able to give sufficient reasons for condonation of delay, but attributed the delay to the department and to the administrative issues---If there was any lapse on the part of the department, proceedings were needed to be initiated against the delinquent official who caused loss to the government---Department, had not been able to show that any official, because of whom, delay was caused, was taken to task and was penalized---Normal litigant and the government had to be treated at par and no extra premium could be given to the Government department; especially so, when the department authorities failed to make out a reasonable ground for condonation of delay---Impugned was upheld and Constitutional petition was dismissed. Commandant Pakistan Military Academy, Abbotabad v. Nazran Abbasi and others 2012 SCMR 385; Ghulam Hussain Ramzan Ali v. Collector of Customs (Preventive), Karachi 2014 SCMR 1594; Gen. (R.) Parvez Musharraf v. Nadeem Ahmed (Advocate) and another PLD 2014 SC 585 and Messrs Blue Star Spinning Mills Ltd. v. Collector of Sales Tax and others 2013 SCMR 587 ref. THIS JUDGMENT DELIVERED BY: FAISAL ZAMAN KHAN, JUSTICE:---.--- Through this petition judgment dated 22.03.2012 passed by respondent No. 1 (Impugned Judgment) has been assailed, by virtue of which, order dated 26.10.2011 passed by the Presiding Officer, Punjab Labour Court No. 4, Faisalabad was challenged, who while accepting the grievance petition of respondent No. 2 directed that respondent No. 2 shall be considered to be in service from the date he filed the application for withdrawal of L.P.R. 2. At the very outset, a preliminary objection has been raised by the learned counsel for respondent No. 2 that the appeal filed before respondent No. 1 was barred by time, therefore, respondent No. 1 rightly passed the impugned judgment. Replying to the above, learned counsel for the petitioners submits that in view of the judgment passed by the Honourable Supreme Court of Pakistan reported as…
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