| Citation(s) |
|---|
| 1989 SLG 1301 1989 SLD 1301 1989 PLC 396 |
Federal Service Tribunal, Islamabad
Appeal No. 303(L) of 1983, decided on 7th January, 1989.
CH. HASAN NAWAZ AND KH. ABDUL, JALIL, MEMBERS
Oamar Nazir Bhatti for Appellant. S. Kamal Mufti for
Respondent.
Appeal No. 303(L) of 1983, decided on 7th January, 1989.
CH. HASAN NAWAZ AND KH. ABDUL, JALIL, MEMBERS
Oamar Nazir Bhatti for Appellant. S. Kamal Mufti for
Respondent.
SABIR MASIH
VS
CHAIRMAN, WAPDA, LAHORE
Law:
Section:
Service Tribunals Act (LXX of 1973)-- ---S. 4--Appeal against termination of service--Limitation--Condonation of delay-Appellant on termination of his services instituted civil suit, plaint whereof was returned to him for lack of jurisdiction--Appellant thereafter approached Labour Court which also returned the plaint for lack of jurisdiction, his appeal before Labour Appellate Court was rejected on 16-5-1983--Despite the fact that appellant had become aware of proper forum, he filed appeal before Service Tribunal on 1-8-1983--Apart from the fact that appellant had been prosecuting his case before forums having no jurisdiction and the period so spent should be excluded in computing period of limitation, even then limitation started running against him after he became aware of Labour Appellate Tribunal's order dated 4-5-1983--Appellant came to Service Tribunal long after expiry of the requisite period of thirty days--Application for condonation of delay did not disclose any plausible reasons for appellant's failure to have recourse to Service Tribunal after expiry of period of limitation--Appeal was dismissed as timebarred. JUDGMENT CH. HASAN NAWAZ (MEMBER).--The appellant was employed on 15-1-1976 as Ward Bearer under the respondents in WAPDA Hospital, Sunny View, Lahore in consequence of an application made on 12-1-1976. Paragraph 5 of the letter of appointment (Annex. A) said that the appointment was temporary and may be terminated at any time on one month's notice or pay in lieu thereof on either side. He was to remain on probation for a period of one year. 2. An office order (Annex. B) was passed on 23-5-1977 whereby he was informed that he had satisfactorily completed the period of his probation and that he will henceforth be treated as a regular employee of WAPDA with effect from the date of his initial appointment. The order further said that other terms and conditions of his appointment "will, however, remain unchanged". 3. On 26-10-1977, his services were terminated "with immediate effect under clause 5 of the letter of appointment dated 15-1-1976 with one month's pay in lieu of one month's notice (Annex. C)." 4. The present appeal under section 4 of…
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