Case Details

Citation(s)
1984 SLG 1832 1984 SLD 1832 1984 PLC 1330
Labour Appellate Tribunal, Punjab
Petition No. LHR-166 of 1983, decided on 19th March, 1984.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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S. MAQSOOD ALI AND 3 OTHERS

VS

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS (WORKSHOPS), LAHORE AND ANOTHER

Law:

Section:

Payment of Wages Act (IV of 1936)--- --- S. 17-Appeal against order of Authority-Limitation-Question arises even if impugned order was without jurisdiction-Labour Court entertaining belated appeal on ground that Authority's order was without jurisdiction-Order of Labour Court accepting appeal, in circumstances, set aside by Appellate Tribunal in revision-Held Since appeal was time-barred Labour Court could not without con­doning delay set aside order of Authority-Revision-Industrial Relations Ordinance (XXIII of 1969), S. 38(3-a)-[N L R 1983 Lab. 218 held not applicable]. N L R 1983 Lab. 218 held not applicable. P L D 1975 Lah. 825 rel. Syed Muhammad Naqi for Respondents. Date of hearing : 12th March, 1983. JUDGMENT This is a revision directed against the order, dated 13th April, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore, dismissing the petition of the petitioners for advance increments under the incentive scheme on account of improving their qualification by passing B. A. examination. They had applied for the advance increments on 5th January, 1980. Thereafter, they made applica­tions to the Authority under the Payment of Wages Act, which were accepted. The respondent went in appeal which was accepted and the petition dismissed for the reason that the Authority had no jurisdiction. 2. It has been argued by the learned representative of the petitioners that the appeal was time-barred, so it should have been dismissed. Learned lower Court has admitted that the appeal was time-barred and the delay could not be condoned but held that since the Authority under the…
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