Case Details

Citation(s)
1974 SLG 3009 = 1974 SLD 3009 = 1974 PLC 23
1st Labour Appellate Tribunal, Punjab
Appeal No. KAR-270 of 1973, heard on 21st May 1973.
Presented By: Inamullah Khan, Appellate Tribunal
Mohammad Islam's case 1969 P L C 545 distinguished. M. L. Shahani for Appellant. Masood Mirza for
Respondent.

EMPLOYEES' UNION

VERSUS

THE FISHERMEN'S CO-OPERATIVE SOCIETY LTD., KARACHI

Law:

Section:

Industrial dispute  Condonation of delay-Application to Court-Appellant continued making representations to competent authority even after final rejection of his claim-Such representations, held, merely mercy petitions and not legal so as to be ground for condonation of delay. Date of hearing : 21st May 1973.                                                                                                                                       DECISION This is an appeal against an award of the learned Presiding Office; of `Rind Labour Court No. V, Karachi, dated March 28, 1973. whereby the learned Labour Court dismissed the application of the appellant-Union for re-instatement of one Mr. J.J. Miranda, who was Accounts Officer of the respondent-society. 'I he learned Labour Court dismissed the appli cation on the ground that it was a very belated one. The appellant way dismissed on 18th April 1967. Mr. Miranda made a representation to the Secretary, Co-operative Department, Government of West Pakistan which was rejected in March 1968. In 1970, he filed a Civil Suit for declaration and for recovery of his dues and damages in the High Court of West Pakistan, which a still pending. In the meantime, it is alleged by the Union, that Mr. Miranda had beer, sending his representations to various authorities, but with no effect. The Union, therefore, filed an application under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance), giving rise to the impugned order, or: 13th November 1972. 2. Mr. M. L. Shahani, the learned Representative for the appellant, very strenuously contended that though there is a delay of five years, but it has been fully accounted for and, therefore, the learned Labour Court should not have dismissed his application on the mere ground of delay. In this connection, the learned…
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