Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ----S. 47---Reinstatement---Petitioner was absent from duty and later when he wanted to resume duty he was not allowed to join and was dismissed---Petitioner then was re-appointed and he joined duty but filed an application under section 47, Industrial Relations Ordinance, for a declaration that he be considered in service, which was dismissed by Labour Appellate Tribunal being without jurisdiction---Petitioner having accepted re-appointment without any objection was estopped by his own conduct to turn round and seek declaration that he was in service throughout---Delay of over one year existing in making Constitutional petition which constituted laches on part of petitioner---Petitioner on the one hand had not challenged order of his dismissal and on the other hand accepted same when he agreed to reappointment ---Such conduct of petitioner, held, would not entitle him to discretionary relief in Constitutional petition. Date of hearing: 23rd February, 1991. JUDGMENT The petitioner through this Constitutional petition has prayed for a declaration that he be treat8d on duty from 12-11-1968 to 8-7-1972. 2. The relevant facts are that the petitioner was serving as a Cleaner in the Railway. He absented from his duty on 5-11-1968. It is alleged that the petitioner reported for duty on 7-11-1968 but he was not allowed to assume duty on the pretext that he should produce a fitness certificate. The petitioner failed to comply with the direction. The matter remained pending at various levels and ultimately it was decided to reappoint the petitioner w.e.f. 8-7-1972. The petitioner accepted the reappointment and joined duty. Thereafter he filed a petition under section 47 of the Industrial Relations Ordinance for declaration that he be considered in service. The application was resisted by the Railways and Punjab Labour…

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