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1989 PLC 110

PUNJAB ROAD TRANSPORT CORPORATION, LAHORE and another vs SHAFIQUE

Citation1989 PLC 110
CourtLabour Appellate Tribunal
Judge(s)Sardar Muhammad Abdul Ghafoor Khan Lodhi
ResultAppeal dismissed

' This is an appeal challenging the decision dated 7-6-1987 recorded by learned Presiding Officer, Punjab Labour Court No, 1, Lahore whereby the grievance petition of the respondent was accepted.

2. An objection has been raised by the learned counsel for the respondent that the appeal is not competent as it was not presented by any competent person. The date of the decision of the learned lower Court is 7-6-1987. Application for copy was lodged on 16-6-1987 and on the following day the copy was delivered, therefore, only one day is to be deducted. The appeal was presented on 6-7-1987 i,e, only one day before the expiry of the period of limitation. The appeal was presented by Mr. Liaquat Ali, Court Clerk on 6-7-1987 and on 7-7-1987 when the appeal came before me only he was present. The authority letter attached to the memo of appeal did not authorise Mr. Liaquat Ali, Court Clerk to present the appeal. He was authorised only to appear in the appeal. Question of appearance arises only when there is a pending case. Since Liaquat Ali, Court Clerk, was not authorised to present the appeal, the appeal was not properly presented. Learned counsel for the appellant namely Mr. Muhammad Ashraf Chitha, Advocate, for A the first time appeared before this Court on 4-8-1987 whereas period of limitation for the proper presentation of the appeal had expired on 7-7-1987. If in the continuance of the period of limitation some person duly authorised to present the appeal had appeared of course it could be said that although on the day of initial presentation the presentation was not proper yet it had become legal on the date on which some authorised person appeared. Learned counsel for the appellant has not been able to say anything against this view.

3. As a result the appeal is rejected for having not been properly presented within limitation.

Cited by 1 case

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