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1976 P L C 631 [Labour Appellate Tribunal Sind] Present: Inamullah Khan, Appellate Tribunal MUNAWAR PARVEZ AND ANOTHER Versus HASHMI CAN Co. LTD. Appeals Nos. KAR-128 and 129 of 1973, decided on 14th May 1973. Industrial Relations Ordinance (XXIII of 1969)­- -- S. 34-Delay and laches-Application belated by 1 ½ years-No explanation to justify delay forthcoming-Application, held, rightly dismissed by Labour Court as very belated. Syed Azizuddin v. Hashmy Can Company M. A. No. 31 of 1968 Wasi Ahmad for Appellants. Ghulam Hasan for Respondents. Date of hearing: 30th April 1973. DECISION I propose to dispose of these two appeals by common order, as the point involved for decision is the same in both the appeals. Both the appellants were Fitter-cum-Machinist and were employed by Messrs Hashmi Can Company Limited (hereinafter called the respondent). The services of both the appellants were terminated with effect from 18th March, 1970. Both the appellants filed applications under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), on 19th October, 1971. 2. The case of the appellant was that they were permanent employees of the respondent-Company and that their services were terminated because they were active workers of the Trade Union. On the other band, the case of the respondent-Company was that the appellants were on probation when their services were terminated in accordance with the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968 (hereinafter called the Standing Orders Ordinance). The respondent also took legal objections that the appellants had not followed the procedure laid down under Standing Order 18 of the (Standing Orders) Ordinance and that their applications were barred by the provisions of Order IX, rule 9 of the Code of Civil Procedure. Lastly it was contended by the respondent that the applications were very belated ones as the cause of action to the appellants arose on 18th March 1970 and they made the applications before the Labour Court on 19th October, 1971. 3. The learned Labour Court held that the applications of the appellants were not maintainable, as they…

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