| Citation(s) |
|---|
| 1997 SLG 912 1997 SLD 912 1997 PLC 650 |
Sindh High Court
Constitutional Petition No. D-832 and Miscellaneous No. 1885 of 1997, decision dated: 30-05-1997.
KAMAL MANSOOR ALAM AND ZAFAR HADI SHAH, JJ
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Constitutional Petition No. D-832 and Miscellaneous No. 1885 of 1997, decision dated: 30-05-1997.
KAMAL MANSOOR ALAM AND ZAFAR HADI SHAH, JJ
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DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS
VS
SINDH LABOUR APPELLATE TRIBUNAL and others
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)S. 25ALimitation Act (IX of 1908), S. 4Constitution of Pakistan (1973), Art. 199Dismissal of appeal by Labour Appellate Tribunal on ground of limitation ValidityLabour Appellate Tribunal remained closed for winter holidays from 26121996 to 911997Labour Court having passed order of reinstatement of respondent on 30111996, petitioner had time to file appeal up to 30121996Labour Courts and Labour Appellate Tribunals, however, observed holidays and petitioner on reopening day of Labour Appellate Tribunal filed appeal Petitioner would get benefit of S. 4, Limitation Act, 1908 and his appeal would be deemed to be within timeFact that during winter holidays of Labour Appellate Tribunal, its office remained open would not deprive petitioner of benefits of S. 4, Limitation Act, 1908, which provides for extension of period of limitation if same was to expire on day when Court was closedNo extended meaning to expression "Court" could be given so as to include therein "office" alsoLimitation having expired on day when Labour Appellate Tribunal was closed on holidays, filing of appeal before it on reopening day would not be timebarredOrder of Labour Appellate Tribunal was set aside and case was remanded for decision of appeal on merit. Fazal Karim and another v. Ghulam Jilani and others 1975 SCMR 452 rel. Raja Shamsuzzaman for Petitioner. M.A. Hassan Malik for Respondent No. 3. ORDER KAMAL MANSOOR ALAM, J.As the short point involved in this petition pertains to question of limitation only we heard the counsel for the parties earlier and today we have heard them again at length with a view to finally dispose of the petition. Brief facts of the case are that respondent No. 3, Hamid Qadeer, applied for one month's leave from 10101994 to 12111994 on medical ground but he failed to report for duty after the expiry of leave and it appears that he reported for duty almost after twelve months. On 1761995 a show cause notice was issued to him and later a domestic enquiry was conducted wherein he appears to have been found guilty of misconduct and was dismissed. The employee approached the Sindh Labour Court No. V under section 25A of…
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