DECISION ' This appeal by Pakistan WAPDA through Chief Engineer at Jacobabad is directed against the judgment of Sindh Labour Court No, 8, Larkana allowing the petition of respondent Bashir Ahmad helper regarding his promotion and seniority as a Fitter.
2. The preliminary objection raised in this appeal is that the appeal is barred by limitation. The judgment was delivered on 24-2-1994. The copy was applied for on 24-3-1994. Copy was delivered on 24-3-1994 but the appeal was filed by the WAPDA on 3-5-1994. Nearly months' time is wasted in applying for a copy and another month is wasted for filing the appeal. The appeal is clearly time- barred. An application has been moved under section 5 of the Limitation Act for condoning the delay. It has been stated in the affidavit that the judgment delivered on 24-2-1994 was not written and it became ready on 24th March, 1994 but nothing prevented the appellants from applying for the copy of judgment on the date it was delivered, or soon after that day, to stop running of time against him. But he has applied only on 24-3-1994 after one month and so it is immaterial when the judgment was written, and no benefit will accrue to the appellants on that account. But even on 24-3-1994 the appeal was not filed. If time is reckoned from 24-3-1994, thirty days will expire on 24- 4-1994 and the delay from 24-4-1994 to 3-5-1994 has not been explained in the Affidavit. The procedural delay explained in para. 5 of the Affidavit for seeking permission from the Head Office cannot be condoned as each day's delay has to be explained. The appeal is therefore clearly time- barred.
3. It has then been argued that there is no limitation against void order but on the facts of it, the order is not void since there is conflict of law under section 2(b)(3) of Civil Servants Act, 1973 and West Pakistan Water and Power Development Authority Act, 1958. It is contended that the amendment relied, upon by WAPDA ousting jurisdiction of Labour Courts or other Courts and Tribunals is of 1979 declaring that an order passed by WAPDA shall be called in question in any proceedings taken under the Industrial Relations Ordinance, 1969, but in that case even this Tribunal has no jurisdiction to discuss the matter of orders passed by WAPDA is the case of the respondent regarding his promotion and seniority.
4. Under the circumstances the appeal is dismissed as time-barred and also for want of jurisdiction by the Labour Appellate Tribunal.