Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)--- ---S. 25-A--Limitation Act (IX of 1908), Ss. 2-A, 5 & 14--'Good faith'-­Connotation--Grievance petition filed and kept pending in wrong Court-­On return, petition instituted in proper Court alongwith application for condonation of delay--Term 'good faith' in S.2(7) of Limitation Act-­Meaning--What is not done with due care and attention cannot be considered to be done in good faith--Explanation offered by employee being that notification with regard to jurisdiction of respective Courts being not available, petition had been kept pending in wrong Court--Such plea, held, would not lend a sufficient cause for condonation of delay. (b) Limitation Act (IX of 1908)-- ---S. 14--Term 'sufficient cause', connotation of--'Sufficient cause' would mean circumstances beyond control of a party. Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102 rel. (c) Constitution of Pakistan (1973)-- ---Art. 199--Industrial Relations Ordinance (XXIII of 1969), S. 25-A-­Constitutional jurisdiction, exercise of--Employee having become aware of employers' objection with regard to Court's jurisdiction persisted and kept his petition pending in Court lacking jurisdiction in matter-­Order of Labour Court refusing condonation of delay being well-reasoned and appropriate, Labour Appellate Tribunal, held, acted without lawful authority in interfering with such order--High Court in exercise of constitutional jurisdiction set aside order of Appellate Tribunal and restored that of Labour Court in circumstances. Asad Munir for Petitioner. Faiz Muhammad Sadiq for Respondent No. 1. Date of hearing: 12th January, 1986, ORDER MUHAMMAD AFZAL LONE, J.--This is the second round of litigation between the parties, before this Court. The facts are that respondent No. 1 was employed as an Accounts Assistant, with the petitioner-Company and his services were terminated on 25-2-1981. He challenged this termination through a grievance petition filed on 25-4-1981 in Labour Court No. 2, Lahore, which in fact, lacked territorial jurisdiction, But the petitioner did not raise any objection in this behalf in the written statement. It appears that some evidence was…

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