Law: Sind Service Tribunals Act, 1973

Section: 4

Sind Service Tribunals Act (XV of 1973)  S. 4-Limitation-Condonation of delay-Justification-Exposition of law favourable to appellant in other cases by superior Court-- Not a sufficient ground for condonation of delay-[P L D 1973 Quetta 1 and P L D 1969 Lah. 1039 held not applicable]. Dismissal order passed on 10-3-1970 under Removal from Service (Special Provisions) Regulation [C. M. L. A. 's. 58 of 1970] was challenged in appeal filed in May, 1958 on grounds that impugned order was without jurisdiction and nullity in law. It was pleaded that jurisdiction of Service Tribunal to entertain and deal with appeals against orders passed under M. L. R. 58 remained in controversy until decision of Supreme Court in M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 22. Question before Service Tribunal was precisely whether appeal filed for the first time after 10 years of the impugned order can be admitted by condoning delay because of new exposition of Law by the Supreme Court that an order passed under M. L. R. 58 can be challenged before Service Tribunal on grounds of want of jurisdiction and mala fide. Held: The trend of decisions of the Courts on this question has been that, a new statement or exposition of the law by the superior Courts is not sufficient cause for excusing such delay. And so, where a party against whom a decision is given is apparently satisfied for the time being, but subsequently a new statement or exposition of law favourable to his case having been given in a judgment in another case, he comes to prefer an appeal or an application for ,review, his delay will not be excused on that ground. M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 22 ref. Asma Jilani's case P L D 1972 S C 139; Zia-ur-Rehman's case P L D 1973 S C 49 and Saeed Ahmed Khan's case P L D 1974 S C 151 ref. P L D 1973 Quetta 1 and P L D 1969 Lah. 1039 held not applicable. H. G. Mitra on Limitation Act, 15th Edn. p. 71 ; Mowri Bews v. Soorendra Nath 10 W R 178, 2 Beng. L R A O 184 ; Basdeo v. Murlidhar Sing A I R 1942 Oudh 447 ; A I R 1957 Raj. 165 and I L R 1956 Raj. 6 ref.                …