ORDER A preliminary objection has been taken by Mr. Wasi Ahmed, the learned Representative for the respondent, that the appeal is beyond the time allowed under section 37 (3) of the Industrial Relations Ordinance, 1969 (hereinafter called the Ordinance). The award was given on 4th April 1973. The appeal should have been filed on 4th May 1973. It was, however, filed on 23rd May 1973. Mr. Khalid Jamil the learned Advocate for the appellant, contends that the appeal is within time, as the requisite time for obtaining the copy of the award has to be excluded under section l2 of the Limitation Act. The appellant had applied for a copy of the award on 10th April 1973 and a copy of the same was delivered to him on 2nd May 1973. Mr. Wasi Ahmed contends that the appellant received the copy of the award on 2nd May 1973, /. e. within the time allowed under section 37 (3) of the Ordinance, for filing an appeal against the award given by the learned Labour Court. The appellant unnecessarily, it is submitted, waited till 23rd May 1973. It is submitted by Mr. Wasi Ahmed that the object of the Legislature in excluding the time for obtaining the copy of the award could not be to allow further time not allowed by the enactment. To my mind, the provision of section l2 of the Limitation Act is clear. There is no qualification in the proviso added to it whereby I could construe that where the copy of the award was obtained within the time allowed to file the appeal, a party would not be entitled to exclude the requisite time in obtaining the copy of the award. In these circumstances, I would exclude the time taken for obtaining the copy of the award and, therefore, the appeal would be within time. 1 would hold the appeal to be within time.
2. Mr. Wasi Ahmed wants some other date for the disposal of the appeal on merit. Mr. Khalid Jamil has no objection to the adjournment. Adjourn the appeal to some other date.