Law: Service Tribunals Act, 1973

Section: 6

Law: Limitation Act (IX of 1908)

Section: 5

Service Tribunals Act (LXX of 1973) S. 6 and Limitation Act (IX of 1908), S. 5-Delay-Condonation Application for condonation of delay before Service Tribunal filed by appellant himself not containing averment that mistake in not filing appeal in time occurred on account of advice of counsel-- Question of acting on mistaken advice of counsel and of delay being caused on that account being not pleaded condonation of delay declined. Nazar Muhammad v. Mst. Shahzada Begum P L D 1974 S C 22 ; Muhammad Aslam Bajwa v. Federation of Pakistan P L D 1974 Lah. 545 and Sh. Masud Ahmad v. Pakistan P L D 1976 S C 195 ref. Date of hearing: 1st October, 1980.                                                                                                                                JUDGMENT NASIM HASAN SHAH, J.-This appeal by special leave is directed against the order of the Services Tribunal, Islamabad dated 9-7-1975 in Appeal No. 163(R) of 1975. The facts are not in dispute and the only question is whether the Services Tribunal erred in law is not condoning the delay in the preferment of. appeal before it and was right in dismissing it on the ground of limitation. The question arises in the following way:- The appellant was a Sub-Postmaster at Bolani, Tehsil Kharian, District Gujrat, when he was dismissed on 25-4-1972 from service by the Superinten dent of Post Offices, Gujrat. He filed an appeal against the said order before the Postmaster General which was dismissed by the Appellate Authority on 17-10-1972. He, thereafter, filed a suit in the Court of the Senior Civil Judge, Gujrat on 15-12-1972. While the suit was still pending, the Services Tribunals Act 1973 (Act LXX of 1973), was promulgated and section 6 (as amended by Act XXX of 1974), reads as follows: "Section 6. All suits, appeals or applications regarding any matter within the jurisdiction of…