Law:

Section:

(a) Service Tribunals Act (LXX of 1973)------ ---S. 4, Limitation Act (IX of 1908) Ss. 5 & 14--Limitation--Time spent before wrong forum--Doubt about appellate jurisdiction of Service Tribunal in respect of WAPDA employees removed by verdict of Supreme Court--Delay of ten months after verdict of Supreme Court, held, inexcusable and un-condonable. (b) Service Tribunals Act (LXX of 1973)------- ---S. 4(1), proviso (b)--Division of departmental authority determining unfitness for promotion--Not appealable before Tribunal. Mian Mahmood Hussain for Appellant. Muhammad Sadiq Abbasi for Respondents. Date of hearing: 13th December, 1984. JUDGMENT MUHAMMAD IRSHAD KHAN, (MEMBER).-- The appellant, a Line Superintendent-I in the organization of respondent No. 1, has prayed for a direction to the said respondent to consider and promote him as Junior Engineer with effect from 20-3-1974 2. A preliminary objection regarding limitation has been seriously raised on behalf of the respondent-department. On the other hand, the appellant has submitted an application under sections 5 and 14 of the Limitation Act for condonation of delay wherein the only ground urged is that the delay in filing of the appeal has occurred due to his bona fide pursuing remedy before the different wrong forums inasmuch as he had filed petitions for his promotion before the learned Punjab Labour Court and the National Industrial Relations Commission and when ultimately vide its judgment, dated 1-10-1983 the learned Punjab Labour Appellate Tribunal ruled that the Labour Court lacked jurisdiction in the matter, he approached this Tribunal immediately thereafter. 3. After having carefully considered the matter we are not satisfied that the appellant had…

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