Case Details

Citation(s)
2001 SLG 2190 2001 SLD 2190 2001 PLC 372
Lahore High Court
Writ Petition No.923 of 1988, heard on 20-11-2000.
SYED ZAHID HUSSAIN, J

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THE SUPERINTENDING ENGINEER, P.W.D.BUILDING CIRCLE, FAISALABAD and 2 others

VS

LAL DIN and 21 others

Law:

Section:

(a) Payment of Wages Act (IV of 1936)Ss.15 & 17 Appeal against order of Authority Limitation Delay, condonation of Appeal against order of Authority filed after more than eight months from passing of said order was dismissed by Labour Court as barred by time after due application of mind to the explanation adduced by appellant in application for condonation of delay Appellant could not explain each day's delay in filing the appeal In absence of sufficient reasons for condonation of delay, Labour Court was justified in not condoning the delay Order dismissing appeal as time barred being neither arbitrary, nor invalid, nor suffering from any illegality or jurisdictional error, could not be interfered with. (b) Limitation Act (IX of 1908) S. 5 In adjudication of matter before the Courts and with particular reference to S.5 of Limitation Act, 1908, Government was not entitled to any preference and was to be treated like an ordinary litigant before the Court. Province of Punjab v. Sh. Zafar Din Ahmad PLD 1977 Lah. 55; East Pakistan v. Abdul Hamid Darji and others 1970 SCMR 558 and Central Board of Revenue, Islamabad through Collector of Customs, Sialkot Dry Port, Samberial, District Sialkot and .others v. Messrs Raja Industries (Pvt.) Ltd. through General Manager and 3 others 1998 SCMR 307 ref. (c) Administration of justice Government was not entitled to any preference and was to be treated like an ordinary litigant before the Court. Province of Punjab v. Sh. Zafar Din Ahmad PLD 1977 Lah. 55; East Pakistan v. Abdul Hamid Darji and others 1970 SCMR 558 and Central Board of Revenue, Islamabad through Collector of Customs, Sialkot Dry Port, Samberial, District Sialkot and others v. Messrs Raja Industries (Pvt.) Ltd. through General Manager and 3 others 1998 SCMR 307 ref. (d) Constitution of Pakistan (1973) Art. 199 Constitutional petition Maintainability Petitioners having failed to avail remedy available to them under the law, Constitutional petition was not maintainable. Mirza Maqbool Elahi through Legal Heirs and 8 others v. Capital Development Authority, Islamabad and 3 others 1998 SCMR 1074 ref. Fauzi Zafar, A.A.G. for Petitioners AND Sadiq Ali Hashmi, Special…
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