Law:

Section:

Payment of Wages Act (IV of 1936)-- ---S. 17--Limitation Act (IX of 1908), S.5--Industrial Relations Ordinance (XXIII of 1969), S. 38(3-A)--Limitation--Condonation of delay--Void order--S.5 of Limitation Act, 1908 not made applicable to appeals under S. 17 of Payment of Wages Act, 1936--Order of Labour Court refusing to condone delay under S.5 of Limitation Act, 1908 upheld by appellate Tribunal--Labour Court while dismissing appeal observing that authority under Payment of Wages Act, 1936 had no jurisdiction to determine that petitioner was or was not a continuous worker--Contention that having admitted that authority had no jurisdiction--Labour Court could not have dismissed appeal as time-barred because impugned order of Authority being beyond jurisdiction was void--Contention repelled--Held: period of limitation to challenge a void order does not start from date on which passed but starts from date it was enforced or sought to be enforced--No date specified or mentioned from which impugned order of Authority was enforced or sought to be enforced rather grounds giver for 'condonation of delay--Order of Labour Court refusing condonation, in circumstance, upheld, by appellate Tribunal in revision. P L D 1958 S C 104 ref. Hamid Mahmood Malik for Petitioner. Date of hearing: 2nd October, 1985. ORDER This is a revision under section 38(3-a) giving information that the order, dated 12-8-1985 passed by the learned Presiding Officer, Punjab Labour Court No.9 Multan dismissing the appeal of the petitioner as time-barred, is without jurisdiction and of no legal effect. The appeal that has been dismissed by the learned lower Court as time-barred arose from the order of the authority under the Payment of Wages Act, Sahiwal, whereby the petitioner was directed to pay to the respondent Rs.15,247.30 as overtime wages. The learned Authority held the respondent as continuous worker and thus found that he was entitled to overtime wages for working in excess of the working hours. 3. It has been argued by the learned counsel for the…

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