Law: Constitution of Pakistan 1973

Section: 199

Constitution of Pakistan (1973) Art. 199-Limitation-Right to sue already lost on date when new enactment enforced, such right, held, cannot be revived by repeal of earlier statute--Principle of law of limitation being procedural and deemed to be retrospective, held further, would not apply where right to sue already barred before enforcement of new statute relating to limitation. Mst. Fattan Bi and 2 others v. Fateh Muhammad and 6 others P L D 1974 Lah. 458 and Income-tax Officer v. Sulaiman Bhaj Jiwa P L D 1970 S C 80 ref. Date of hearing: 19th February, 1980.   JUDGMENT This petition under Article 199 of the Constitution calls in question the legality of orders dated 13-9-1975 and 24-5-1975, passed by respondents Nos. 1 and 2 respectively, whereby respondents 3 to 6 were held entitled to payment of gratuity, and direction for payment was made to the petitioner. 2. Briefly stated, the relevant facts of the matter are that respondents 3 to, 6 were employed in Warcha Salt Mines, Sargodha, as registered miners till the transfer of their miner books, as envisaged under Standing Order 5, of Miners Standard Orders, 1955, on the dates mentioned hereunder:-             Name                                       Date of trans. of                                                             Miner Book             Hashim Ali                              2-11-1971 Muhammad…