Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)--- ----S. 37---Appeal---Limitation---Employers who filed appeal against order of Labour Court beyond mandatory period of thirty days, filed application for condonation of such delay alongwith memo. of appeal, but no cogent reason for delay in filing appeal was given and day to day delay was not reasonably and convincingly explained---Appeal having been filed by employers with considerable delay, delay of each and every day was to be explained by cogent and reasonable grounds as law helps the vigilant and delay defeats equity--­Employers having failed to explain day to day delay in filing appeal, their appeal was dismissed being barred by time. JUDGMENT This appeal has been filed to call in question the legality and correctness of the order dated 7-12-1992 of the learned Presiding Officer, Labour Court, Peshawar whereby the grievance petition under section 25-A of the Industrial Relations Ordinance, 1969 of the respondents was partially accepted. The facts relevant for the disposal of appeal are that respondents Nos. l to 21 are working in the Pakistan Railways as Assistant Air-Condition Coach Attendants and Air-Condition Coach Attendants. They were allowed 55 Stationary Duty Payment Allowance in the year 1977 by the Railway Administration but in view of the audit observation the aforesaid benefit of 55 as Stationary Duty Payment Allowance was disallowed by the Railway Administration vide Exh. P.W. 2/4 and it was further ordered that the amount so received by the respondents in this connection should also be recovered from them as arrears. Being aggrieved by the aforesaid order of the Railway Administration, they served a grievance notice on the employer but futile. Therefore, they approached the Labour Court by way of filing a grievance petition under section 25-A of the Industrial Relations Ordinance, 1969 and prayed that the impugned order of the Railway Administration may be declared as illegal, unlawful, void ab initio, without jurisdiction and without legal authority. The appellant contested the petition by filing a written statement. The learned Labour Court, after recording of evidence of both the parties…

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