ABDUL HAFEEZ CHEEMA (CHAIRMAN).--- This revision petition challenges the legality of the judgment dated 18-12-2010 passed by the learned Presiding Officer, Punjab Labour Court No,7, Gujranwala whereby the appeal filed by the petitioner under section 17 of the Payment of Wages Act, 1936 was dismissed.
2. The office has reported that the revision petition is barred by time i,e, 7 months and 9 days.
3. It is submitted by the learned counsel for the petitioner that on account of the fact that the case had to be examined at various levels before filing the revision petition as such the delay has occurred which is not intentional.
4. Preliminary arguments have been heard.
5. The petitioner has not filed any application for condonation of delay either. It is now a settled law that the petitioner has to explain each day's delay. It was ruled by the Hon'ble Supreme Court of Pakistan (1989 SCM R 864 and 2006 SCM R 783) that it was the primary duty of the court to first determine the point of limitation and then to proceed on merits. It is now well settled that nobody can be allowed to circumvent the provisions of Statute of Limitation. Party approaching the court of competent jurisdiction for relief beyond the specified period of limitation was bound to explain each day's delay to the satisfaction of the respective forum because valuable rights had accrued to the other side.
6. It is noteworthy that the appeal before the Labour Court under section 17 of Payment of Wages Act, 1936 was equally time barred for more than three months which shows the indifference of the department towards the Government cases. To condone such a huge delay no confidence inspiring cogent or plausible explanation has been rendered by the learned counsel for the petitioner.
7. In this view of the matter, the revision petitions is hereby dismissed in limine.