DECISION ' This appeal arises from the order of First Sindh Labour Court at Karachi dismissing the application of appellant worker filed under section 25-A of the I.R.O., 1969 as time-barred.
2. The appellant was working as a packer in the respondent-Factory. He was charge-sheeted for misconduct and dismissed from service on 14-1-1993. The appellant sent a grievance notice to the respondents on 16-2-1993 but received no reply. He then filed an application under section 25-A of the I.R.O. Before the First Sindh Labour Court on 9-5-1993. The Labour Court found that the appellant was quite fit to move about prior to the filing of the application and he got an affidavit sworn for filing in Court on 4-5-1993 but he filed the application on 9-5-1993. Even according to the Medical Certificate produced the applicant had been advised rest from 20-4-1993 to 6-5-1993 but the application was delayed by three days more and it was filed on 9-5-1993. This Medical Certificate was issued after the period of advised rest on 6-5-1993 advising rest from 20-4-1993 to 6-5-1993 on account of Enteric Fever and even during the period of rest the appellant could have forwarded his appeal through his representative to be filed before the Labour Court. He was not physically incapacitated from instructing his Representative or signing the petition. The application moved before the Labour Court for condonation of delay under section 5 of the Limitation Act was, therefore, rejected and the application was dismissed. It was expressed by the Labour Court that the appellant had not been able to satisfactorily explained each day's delay. The delay is admitted by the Representative for the appellant and no cogent reason is given for condoning even the last three days delay.
3. The o' der of the learned Labour Court appears to be reasonable under the circumstances of the case and I find no ground for interference.