Law: Civil Procedure Code (V of 1908)

Section: 48

Civil Procedure Code (V of 1908)--- ----S.48---Execution---Limitation---Execution barred in certain cases---Scope through contempt petition sought implementation of order dated 17-04-1985, by which he was declared to be a regular and permanent employee of the establishment, and establishment was directed to treat and allow petitioner all the rights and facilities of such an employee---Contention of petitioner was that due to suspension of the order dated 17-04-1985 by the High Court, he could not file the contempt petition---Validity---No application for condonation of delay was filed---Writ petition was dismissed by the High Court on 23-11-1994 whereas contempt petition was filed on 26-06-2012---Time limit for execution of decree was six years as provided in S.48 of the Civil Procedure Code, 1908---Contempt petition was not moved within time rather it was hopelessly barred by time, therefore, dismissed. ORDER GHULAM SIDDIQUE BAZAI, MEMBER.---- By way of this petition under section 51(6) of the Punjab Industrial Relations Ordinance, 2010, the petitioner seeks implementation of the order dated 17-04-1985 passed by the Punjab Labour Appellate Tribunal No.2, Multan by way of which the Appeal filed by the petitioner was accepted. Admittedly the appellant filed the instant petition before the then Labour Appellate Tribunal No.2, Multan on 26-06-2012 and thereafter by operation of law it was transferred to this Bench vide Order dated 30-09-2015 passed by Punjab Labour Appellate Tribunal No.II, Multan. 2. Brief facts as per narrations made in the appeal are that the petitioner was appointed as Driver in the respondents Factory as Driver in the year 1982, but after one year his services were transferred to a contractor, as such, when his services were not treated as employees of respondents Factory, he filed a petition under section 25-A of Industrial Relations Ordinance for declaration that he was a permanent employee of respondent and also entitled to get all the rights, facilities of per law but on 03-01-1984 the Punjab Labour Court No.8, Bahawalpur dismissed the petition which was assailed by the petitioner before the Punjab Labour Appellant Tribunal No.II, Multan…

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