Case Details

Citation(s)
1989 SLG 2342 1989 SLD 2342 1989 PLC 681
Service Tribunal, Punjab
Appeal No. 129 of 1989, decided on 5th June, 1989.
MUHAMMAD MAHMUD, ASLAM PIRZADA CHAIRMAN AND MALIK ABDUL AZIZ

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MUHAMMAD ASLAM

VS

THE PROVINCE OF PUNJAB through Secretary, Health, Government of the Punjab and another

Law:

Section:

Punjab Service Tribunals Act (IX of 1974) ---- ---S. 4--Limitation Act (IX of 1908), S. 5--Dismissal from service on 18-1-1969-- Constitutional petition against dismissal was disposed of by High Court on 15-4-197-1 for lack of jurisdiction--Appellant filing appeal against his dismissal before Service Tribunal on 4-3-1989--Condonatton of delay--Justification-­ Appellant was under legal duty to explain delay each day but he had failed to explain the same--Appeal have been filed after expiry of about 15/16 years from the date of disposal of appellant's Constitutional petition by the High Court, there was no justification for condonation of delay--Appeal against dismissal being badly time-barred was dismissed as incompetent. Muhammad Nasim Khan for Appellant. Date of hearing: 5th June, 1989. JUDGMENT MUHAMMAD MAHMUD ASLAM PIRZADA (CHAIRMAN).-­ Muhammad Aslam ex-Dispenser Hydel Power Station, Shadiwal, District Gujrat, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Province of Punjab through Secretary Health, Government of the Punjab, Lahore, and the Director of Health Services, Lahore Region, Lahore, as respondents. An application under section 5 of the Limitation Act alongwilh the appeal was also filed, wherein prayer has been made that delay in filing the appeal be condoned and appeal be decided on merits. Through this appeal the appellant has prayed that impugned orders dated 78-1-1969, 6-6-1969, 18-6-1969 and 26-12-1969 passed by the respondents be set aside. 2.Brief facts of the case arc that the appellant was Operation Theatre Assistant in Aziz Bhatti Shaheed Hospital, Gujrat. He was dismissed from service on 18-1-1969. On appeal he was reinstated but finally the said order dated 18-1-1969 was found to be effective and justified. Ultimately the appellant riled Writ Petition No. 1298 of 1970, which was admitted by the Lahore High Court, Lahore. After promulgation of the Punjab Service. Tribunals Act, 1974,…
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