Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 22-D read with S. 65-B and Limitation Act (IX of 1908), S. 5­Appeal to Full Bench-Limitation---Condonation of delay-Full Bench not considering whether appellant succeeded in satisfying them that he had sufficient cause for not preferring appeal within prescribed time but dismissing appeal as being time-barred-Omission to consider such question-Field, an error of law apparent on face of order. (b) Industrial Relation Ordinance (XXIII of 1969)- -- S. 22-D read with S. 65-B, Limitation Act (IX of 1908), Ss. 5 & 14 and Constitution of Pakistan (1973), Art. 199-Appeal before Full Bench-Condonation of delay-Question of existence of sufficient cause under S. 5, Limitation Act-Held, a matter within exclusive discretion of Commission-Filing of Constitutional petition on behalf of appellant to challenge his conviction as being without jurisdiction-Held, could, in law, amount to sufficient cause under S. 5, Limitation Act-Question, whether circumstances mentioned in S. 14, Limitation Act do in fact exist so as to constitute sufficient cause for condoning delay in filing appeal-Held, for Commission to be satisfied. Mathura Singh v. Bhawant Singh and others I L R 22 All. 248 ; Ktlachand Devechand & Co. (Private) Ltd. v. Messrs Sh. Mian Mohamed Allahbus P L D 1962 Kar. 510 ; Bril Indar Singh v. Kanshl Ram I L R 45 Cal. 94 ; Kayambu Pitlal and another v. Court of Wards by Collector, Trlchinopoly District and others A I R 1942 Mad. 170 and Hazoor Alam v. National Industrial Relations Commission 1974 P L C 161 ref. All Amjad for Petitioner. Respondent No. 1 (absent). Abbas H. Furooqui for Respondent No. 2. Ghulam Ali Memon, A.-G. (Sind) on Courts Notice. Dates of hearing: 4th, 5th and 23rd November 1976. JUDGMENT I. MAHMUD, 1.-This Constitutional Petition is directed against the order of the National Industrial Relations Commission, Islamabad, dated 24th July 1976, dismissing the appeal filed by Saeed Khan against his conviction under section 53(3) read with section 16(1)(d) of the Industrial Relations Ordinance, 1969, as being barred by time. 2. The petitioner's friend, Saeed Khan son of Anwar Saeed, was at the…

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