Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 37--Limitation Act (1X of 1918), S.5--Appeal--Limitation--Condonation of delay--Explanation for delay that Advocate deputed to get copy of impugned delayed the supply of copy--Advocate in his affidavit stating that he had tried to contact the Appellant (a Government Department) but could not deliver, copy to it earlier on account of his professional/personal engagements-­Condonation refused--Held: Advocate who was engaged only to obtain copy of impugned was an agent of appellant and appellant was responsible for acts of the agent--Advocate after having obtained copy of impugned was guilty of gross-negligence in not delivering same to the appellant immediately after its receipt--Appellant was guilty of gross-negligence in not making any attempt to contact the concerned Advocate knowing the prescribed limitation period--Party who fails to show diligence and to exercise due care and caution can, be said to have acted not bona fide--Valuable right thus had occurred to respondent by lapse of time which could not be denied without good grounds. 1985 S C M R 416; 1985 C L C 1788 and P L D 1985 Quetta 74 distinguished. (b) (Industrial dispute)------ --- Locus poenitentiae--Power of rescission is available till a decisive step is taken--Employee promoted regularly after having qualified written test etc. and with due election--Promotion order acted upon and employee working against post to which promoted for several years--Such promotion order, held, could not be withdrawn and employee could not be asked to sit in competition again. PLD 1969 SC 407 rel. JUDGMENT The appeals captioned above emerge from the decision dated 8-10-1987 recorded by learned Presiding Officer, Punjab Labour Court No. 6, Rawalpindi, whereby the grievance petitions of the respondents have been accepted. Since both the appeals involve common questions of fact and law, they arc being disposed of together through this single judgment. 2. The appeals are time-barred and applications for condonation of delay have been given. The ground for condonation of delay is that Mr. Muhammad Saeed Bhatti, Advocate, who was deputed to get the copy of the…

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