Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 5

Law: Industrial Relations Ordinance, 2002

Section: 46

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Industrial Relations Ordinance, 2002, S. 46--Limitation Act, (IX of 1908), S. 5--Application for grant of selection grade--Allowed--Appeal--Bared by time--Application for condonation of delay--Dismissed--Challenge to--It is well established by now that when the proceedings are filed beyond the prescribed period of limitation each day's delay is to be explained by the party concerned and in the event of his failure to do so the matter deserves outright dismissal--Petitioners were dismissed. 2011 SCMR 676 ref. Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Constitutional jurisdiction--Concurrent findings--Concurrent findings recorded by the fora below cannot be upset in Constitutional jurisdiction until and unless they are proved to be perverse or result of arbitrariness which is not the position in these petitions. 2011 SCMR 1073 ref. THIS JUDGMENT DELIVERED BY: SHUJAAT ALI KHAN, JUSTICE---.--- Through this single judgment I intend to dispose of this petition (W.P. No. l7015/2011, titled Chief Executive MEPCO etc. v. Muhammad Saleem Khan etc.) as well as connected petition (W.P. No. l7016/2011, titled Chief Executive MEPCO etc. v. Haji Khadim Hussain etc.), having commonality of law and facts inasmuch in both these petitions the petitioners have assailed the vires of judgments & decrees, dated 03.11.2010 and 26.7.2011, passed by the learned Presiding Officer Punjab Labour Court No. 9, Multan (Respondent No. 2) and the Punjab Labour Appellate Tribunal (Respondent No. 3), respectively. 2. Shorn of unnecessary details, the facts, necessary for the disposal of these petitions, are that the private respondents in these petitions filed Grievance Petitions in terms of Section 46 of the Industrial Relations Ordinance, 2002, for grant of selection Grade BS-15 which were accepted by Respondent No. 2, vide judgment dated 3.11.2010, against which petitioners-MEPCO filed appeals before Respondent No. 3 which were dismissed through judgment, dated 26.07.2011; hence these petitions. 3. Learned counsel for the petitioners-MEPCO submits that from the very inception the stance of…

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