Law:

Section:

(a) Service Tribunals Act (LXX of 1973)---------SA(1)(a)---Constitution of Pakistan (1973). Art. 212(3)---Appeal--­Limitation---Condonation of delay---Grievance petition against termination order dated 11-11-1993 filed before National Industrial Relations Commission on 20-7-1995 was dismissed on 9-9-1997 with observations that only Service Tribunal was appropriate forum for redressal of appellant's grievance---Appellant, instead of-approaching Service Tribunal, again approached the Full Bench of the Commission which dismissed his appeal on 15-5-1998---Appellant had not filed in time departmental appeal---Appeal before Service Tribunal, held, was not competent in view of provisions of S, 4(1)(a) of Service Tribunals Act, 1973. (b) Limitation Act (IX of 1908)--- ----S.14---Exclusion of time spent in seeking remedy before wrong forum---Entitlement---Party would not be entitled to condonation of delay, unless he proved that he had been seeking remedy before wrong forum in good faith. (c) Administration of justice ----- ---Law would support vigilant and not indolent. (d) Limitation Act (IX of 1908)--- ----S.3---Limitation, if once allowed to commence, could not be stopped. (e) Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan (1973), Art.212(3)---Appeal--- Condonation of delay---Such question being question of fact was within exclusive jurisdiction of Service Tribunal---Discretion concerning condonation of delay, if once exercised by Tribunal, could not be disturbed by Supreme Court without any justification. Syed Ali Hasan kizvi v. Islamic Republic of Pakistan 1986 SCMR 1086; Muhammad Azhar Khan v. Service Tribunal, Islamabad 1976 SCMR 262; Water and Power Development Authority v. Abdur Rashid Dar 1990 SCMR 1513 and Sher Bahadar v. Government of N.-W.F.P. 1990 SCMR 1519 rel. Ras Tariq Chaudhry, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Faizur Rahman, Advocate Supreme Court and A.H. Masud, Advocate-on-Record for Respondents. Date of hearing: 3rd April, 2003. ORDER JAVED IQBAL, J.---This, petition for leave to appeal is directed against the judgment dated 26-10-2000 passed by learned Federal Service…

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