Law:

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(a) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-- ---Rr. 4 & 5--Service Tribunals Act (LXX of 1973), S. 4--Appellant's dismissal from service on basis of his conviction by criminal Court--Such conviction set aside by High Court--Effect--High Court's setting aside appellant's conviction took away the very basis of the order of his dismissal--Appellant's dismissal from service was thus set aside on acceptance of his appeal. (b) West Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978- ---Rr. 4 & 5--Service Tribunals Act (LXX of 1973), S. 4--Limitation Act (1X of 1908), S. 5--Time-barred appeal--Condonation of delay in filing appeal, when to be granted--Where appellant had been prosecuting his case before wrong forum in good faith, under the impression that such forum has jurisdiction to redress his grievance, he has a good case for condonation of delay--Question of limitation, however, would be wholly irrelevant where basis of impugned order of dismissal viz. conviction, was set aside by High Court--Appellant would be entitled to be reinstated in service with all consequential benefits. Imtiaz Mahmood and Mushtaq Masood for Appellant. Abdur Rashid Malik for Respondent. Date of hearing: 12th February, 1989. JUDGMENT CH. HASAN NAWAZ (MEMBER).--While being in the Respondent's employment as Line Superintendent-I1, the appellant was dismissed from service on 22nd October, 1981, without going into the formalities of Rule 5 of the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, on the basis of his conviction for an offence under section 161, P.P.C. read with section 5(2), PCA, 1947 and consequential sentence of three months R.I. with a fine of Rs.500 (Annex. A). 2. He served the respondent with a grievance notice under section 25-A of the Industrial Relations Ordinance, 1969) on 26th October, 1981 (Annex. B). After having failed to receive any response, on 11th November, 1981, he tiled a petition under the same section before the Labour Court (Annex. E) which was accepted on 1st August, 1982 (Annex. F). It was held by the Court that his…

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