Law:

Section:

Service Tribunals Act (LXX of 1973)----------S.4 --- Service Tribunals (Procedure) Rules, 1974, R.21 --- Supreme Court Rules, 1980, O.XIII, R.1---General Clauses Act (X of 1897), S. 27---Constitution of Pakistan (1973), Art.212(3)---Presumption---Petition for leave to appeal barred by 23 days ---Condonation of delay---Contention of petitioner was that was passed on 21-10-2000, but after waiting for its certified copy from Service Tribunal, he himself applied for its copy on 6-12-2000 and after obtaining the same filed the present petition---Validity -­Tribunal after signing the was bound to send certified copy thereof to parties concerned under registered cover as provided by R. 21 'of Service Tribunals (Procedure) Rules, 1974---As per endorsement on copy of the annexed with memo. of appeal the Tribunal had issued its copy to petitioner on 6-11-2000 and it would be deemed that its copy having been sent under registered cover had been duly received by him---If petitioner contended otherwise, then burden shifted on him to satisfy that Tribunal had not sent copy of the under registered cover and he had not received the same---Ground urged by petitioner that in spite of said endorsement on Judgment, he had not received the same, was not legally acceptable because under S.27 of General Clauses Act, 1897, presumption was that service had been effected upon him under a registered cover envelope containing the and had been received by him---Supreme Court dismissed the petition being- barred by time. Muhammad Aslam Uns, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 10th January, 2002. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 21st October, 2000 passed by Federal Service Tribunal, Camp at Quetta, whereby service appeal filed by petitioner has been dismissed. 2. This petition is barred by 23 days. An application has been filed for condonation of the delay on the ground that judgment was announced by the Tribunal on 21st October, 2000 and after having waited for copy of the A judgment from…

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