Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) Ss. 22 A(8)(g) & 22 D Delay in filing appeal Condonation of Delay in filing appeal was sought to be condoned by appellant on two grounds; firstly that the delay had occurred because of long procedure of Department concerned and secondly due to sickness of his counsel Plea taken in appellant's affidavit regarding delay which was stated to have occurred due to procedural formalities, was not raised by appellant in his application for condonation of delay giving necessary details of alleged procedural formalities In absence of relevant/necessary details, vague plea of delay because of lengthy procedure of department, could not be accepted Government could not claim to be treated in any manner differently from ordinary litigant Applicant also could give necessary details with regard to sickness of counsel as to how long he remained sick and what was the nature of his ailment Said plea had not been supported by an affidavit of counsel nor any other corroborative document, such as medical certificate, had been placed on record Plea, in circumstances, had remained unsubstantiated -Delay in filing appeal could not be condoned, in circumstances Appeal was dismissed being barred by time. Commissioner of Income tax v. Rais Pir Ahmad Khan 1981 SCMR 37 ref. JUDGMENT ZIA MAHMOOD MIRZA (CHAIRMAN). This appeal fled by the Executive Engineer, Irrigation, Sumandari Drainage Sub Division, Faisalabad is directed against the order of the Member, Lahore Bench, dated 23 2 2000 whereby the appellant's order, dated 3 1 1998 retiring the respondents herein on the basis of the entries in their service books was declared to be an act of unfair labour practice and the same was accordingly set aside with the direction to the appellant to correct the service record of the respondents according to the documents produced before the learned Member. 2. The appeal was filed by the appellant after the expiry of limitation period. The order impugned in the appeal was passed by the Single Member on 23 2 2000; the appellant applied for its copy on 28 2 2000; which was delivered to him on the same day and, thereafter, he filed the instant appeal on 30…

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