Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 8

Punjab Service Tribunals Act (IX of 1974) S. 8-Abatement-Limitation for appeal to Tribunal-Writ petition pending prior to establishment of Service Tribunal-Stand automati cally abated-Appeal before Tribunal maintainable within -prescribed period of 90 days of abatement-Condonation-Prayed on ground that delay occurred for collecting certain documents-No such document being not available during writ proceedings pointed out specifically Explanation for delay, in circumstances, held, not sound and. application for condonation rejected. PLD 1976 S C 195 rel.                                                                                                               JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).----In this appeal filed on 14-12-1974 the respondent raised the preliminary objection that the appeal having been filed after abatement of the Writ Petition No. 842-S;70 by the Lahore High Court on 15-7-1974, is barred by time. According to the respondent the appellant was required to file this appeal within 90 days of the abatement of the appeal which was automatic after the establishment of this Tribunal on 22-7-1974 and as such the appeal at the latest should have been filed on 19th October 1974. Reliance in this behalf was plated on the Supreme Court authority reported as P L D 1976 S C 195. 2. The appellant on the other hand placed reliance on the decision of this Tribunal reported as Sardar Muhammad v. S. E. Headquarters, Lyallpur (1978 N L R 157) wherein it is laid down that even in the case of abatement, if the appellant could…