Case Details

Citation(s)
2002 SLG 1686 2002 SLD 1686 2002 PLC 24
National Industrial Relations Commission
Appeal No. 12 (44) of 2000/L, decision dated: 14-11-2000
ZIA MAHMOOD MIRZA, CHAIRMAN, GHULAM NAUMAN SHEIKH AND ALLAH RAKHIO LEGHARI, MEMBERS

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ABDUL QAYYUM

VS

NATIONAL BANK OF PAKISTAN

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 22A(8)(g) & 22 D Dismissal from service Petition of employee under S.22A(8)(g) of the Ordinance Limitation Appeal before National Industrial Relations Commission Petition filed by employee under S.22A(8)(g) of Industrial Relations Ordinance, 1969 against his dismissal from service was dismissed by Single Bench of National Industrial `Relations Commission on the ground of laches Petition was filed after about thirteen years from dismissal from service In absence of any reasonable explanation for said inordinate delay, petition was rightly dismissed on the ground of laches Appeal against dismissal of petition filed about two and half years after dismissal order, also being time barred, was also liable to be dismissed on that ground. H.R. Haider for Appellant. ORDER ZIA MAHMOOD MIRZA (CHAIRMAN) This appeal under section 22 D of the I.R.O., 1969 is directed against the order of Single Bench of this Commission dated 3 1 1998 whereby the appellant's petition filed under section 22A(8)(g) of Industrial Relations Ordinance, 1969 to challenge the order of his dismissal from service, was dismissed on the ground of laches. It was observed by the learned Member that the dismissal order of the appellant was passed on 29 7 1982 but he filed the petition under section 22A(8)(g) of the Industrial Relations Ordinance, 1969 on 4 4 1995 which it was held "badly suffers from principle of laches which is fatal to the petition". Learned counsel appearing for the appellant has not controverted the factual position that the appellant was dismissed from service on 29 7 1982And he filed the petition under section 22A(8)(g) of the Industrial Relations Ordinance, 1969 to challenge his dismissal on 4 4 1995 i.e. almost 13 years after his dismissal. The appellant's petition, therefore, clearly suffered from gross laches for which he offered no reasonable explanation. In the circumstances, the petition filed by the appellant with the delay of 13 years was rightly dismissed by the learned Member on the ground of laches. Apart from what has been said above, we find…
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