Case Details

Citation(s)
1988 SLG 1364 1988 SLD 1364 1988 PLC 833
Labour Appellate Tribunal, Punjab
Appeal No. RI-137 of 1988, decided on 20th April, 1988
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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BASHIR MASIH

VS

MUNICIPAL CORPORATION, RAWALPINDI and another

Law:

Section:

(a) Punjab Local Government Ordinance (VI of 1979)-- ---S.170--Delegation of powers--Mayor is authorised, with previous sanction. of House, to delegate all or any of his powers under the Ordinance or Rules or bye-laws but not such powers as are delegated to him--Dismissal of employee within competence of Mayor--No resolution passed by House of Corporation i.e. Local Council, authorising Mayor to delegate such powers to Deputy Mayor--Order of dismissal passed by Deputy Mayor, held, was rightly challenged as invalid. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S.37--Appeal--Limitation--Condonation of delay--Delay of about a month--Medical certificate not specifically mentioning that appellant remained under treatment of Doctor issuing such certificate and Tribunal reaching conclusion that such certificate was false-­Condonation, in circumstances, not allowed and appeal dismissed as time-barred. Ch. Sadiq Muhammad Warraich for Appellant. Nasir Saeed for Respondents. Date of hearing: 17th April, 1988. JUDGMENT The appeal captioned above emerges from the decision dated 7-1-1988 recorded by the learned Presiding Officer, Punjab Labour Court No.6, Rawalpindi, whereby the grievance petition of the appellant for his reinstatement in service was dismissed. 2. It has been argued by the learned counsel for the appellant that the inquiry held against the appellant was illegal, inasmuch as the evidence of no witness was recorded as admitted by the inquiry officer who appeared as RW-1. The order of dismissal was challenged on this ground also that the 'Mayor was competent but the order of e dismissal was passed by the Deputy Mayor. It has also been argued that for delegating the powers resolution is to be passed but no resolution has been produced. The delegation of powers is Exh.R.9 which was done under section 170 of the Punjab Local Council Ordinance, 1979. Section 170 does not authorise the Mayor to delegate the powers. It authorises firstly the Government to delegate its powers to any officer. The Local Council has been allowed to delegate its powers to its Chairman or a Sub-Committee or any of its officers or members and Chairman has…
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