Law: Industrial Relations Ordinance, 2002

Section: 47,45(4)

Law: Industrial Relations Act, 2008

Section: 53(4),86,87(2)(b)

Law: Industrial Relations Ordinance (XXIII of 1969)

Section: 30(4),34

Law: Limitation Act, 1908

Section: 5

(a) Industrial Relations Ordinance (XCI of 2002)--- ----Ss. 45(4) & 47---Industrial Relations Act (IV of 2008), Ss.53(4), 86 & 87(2)(b)---Industrial Relations Ordinance (XXIII of 1969), S.30(4)---High Court (Lahore) Rules and Orders, Vol. V, Chap. 1, Part-A, Rr.9 & 9-A---Limitation Act (IX of 1908), Ss. 5 & 12---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Appeal to High Court against order of Labour Court filed within time---Return of appeal by Office of High Court for removing objections within three days-Re-filing of appeal after six months and expiry of period of limitation prescribed under S. 47 of Industrial Relations Ordinance, 2002 along with application under S. 5 of Limitation Act, 1908 for condonation of delay---Objection by Office of High Court that appeal was time-barred---Transfer of appeal from High Court to Labour Appellate Tribunal under S. 86 of Industrial Relations Ordinance, 2008 after its promulgation---Acceptance of appeal by Labour Appellate Tribunal after overruling objection of limitation on grounds that objections raised by Office of High Court were unwarranted as objection regarding court fee was not applicable to labour cases under S.34. of Industrial Relations Ordinance, 1969, S. 45 of Industrial Relations Ordinance, 2002 and S. 53(4) of Industrial Relations Act, 2008---Validity----Return of appeal by Office of High Court would mean that its filing was invalid, thus, appeal could not be considered to have been instituted for purposes of limitation---Time specified by Office of High Court for removing objection would not stop limitation from running---Period from date of raising of objection by Office of High Court till re-filing of appeal would not be excluded under Limitation Act, 1908---Appellant had option to challenge such objections before High Court but he did do not so at relevant time---Provisions of S.34 of Industrial Relations Ordinance, 1969, S.45 of Industrial Relations Ordinance, 2002 and S. 53(4) Industrial Relations Act, 2008 provided that court fee would not be applicable in a Labour Court and did not extend to a labour appeal before High Court under S. 47 of Industrial…

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