Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 37

Industrial Relations Ordinance (XXIII of 1969) ------ S. 37-Appeal-- Limitation-Time taken for obtaining copy, of impugned award-To be excluded-Appellant failing to apply for copy of award imme diately after announcement of award in open Court-Time interven ing between date of award and date of application for copy-Not to be excluded-Appeal filed after expiry of 'limitation period, in circumstances, held, time-barred. Date of bearing: 18th January 1971.   ORDER This is an appeal against an Award dated the 16th of November 1970, whereby the learned Chairman of the First Sind Labour Court rejected some of the demands of the appellant Union. The appeal was filed on the 22nd of December 1970. On the face of it the appeal should have been filed admittedly on the 15th of December 1970. Mr. Lodhi, the learned Representative for the appellant contends that the appeal is within time on two folds grounds which I propose to dispose of presently. 2. In the first place it was contended that under section 37, the Award has to be given in writing and delivered in open Court. This was not done inasmuch as the Award was not given in writing on the 16th of November 1970. The order-sheet of the 16th of November 1970, however, reads as under:- 'The Representatives of the parties are present. Vide my Award announced in open Court today, Demands Nos. 1, 2 (a), 3, 4, 5, 6 and 9 are rejected and this case be now fixed for hearing on Demands Nos. 2 (b), 7 and 8 on merits. Call up on 15-12-1970." The order-sheet is supported by the Award itself which is dated 16th of November 1970. In that view of the matter it is impossible to hold that the Award was not given in writing and delivered is open Court within the meaning of subsection (1) of section 37 of the Industrial Relations ordinance, 1969. 3. In the second place Mr. Lodhi contended that the…