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1978 PLC 275

MUHAMMAD IQBAL vs FACTORY MANAGER, SUTLEJ COTTON MILLS LTD. OKARA,

Citation1978 PLC 275
CourtLabour Court
Case No.Appeal No, 381 of 1975
Date1975-10-13
Judge(s)N/A
ResultAppeal dismissed.

1. ' An appeal has been filed by Muhammad Iqbal, ex-workman of Sutlej Cotton Mills Limited, Okara, District Sahiwal, against the order of the learned Junior Labour Court, Multan, dated 7th February, 1975, whereby, his application under section 25-A of the Industrial Relations Ordinance, 1969, for reinstatement in service was dismissed. The preliminary point raised on behalf of the respondent is that the appeal is time-barred by reason of being filed on 19th July, 1975, against the order passed by the learned lower Court on 7th February, 1975, is after a period of over four and half months. The appellant has filed an application under section 5 of the Limitation Act alongwith the memorandum of appeal. It is maintained in the application that he was not supplied with the copy by the learned lower Court on the date of the impugned order and despite having requested the Court repeated on different dates to which the matter was put of the petitioner was not able to get the copy in that, the learned lower Court also remained on tour for some period during which he could not contact the same in this behalf. It is further maintained that it was only three/four days before the institution of the appeal that the appellant was told by the Reader of the learned Court below that the copy of the impugned order was supplied by mistake to a Co-worker of the appellant Abdul Sattar whereupon he was contacted by the appellant and having obtained copy from him, he approached this Court to file the present appeal.

2. The appellant has failed to make out a justification for hearing a time barred appeal, when there is nothing on record to substantiate the plea raised by him in his application for the condo nation of delay. No application on behalf of the appellant could be traced out from the record of the learned lower Court containing a request for the supply of a copy of the impugned order nor could he show the circumstances in which he was refused the copy with reasonable time. He failed to get any certificate from the learned lower Court to the effect that he could not get a copy of, the impugned order for any period nor he ventured to apply that Court for any such certificate on the strength of the pleas raised by him in this Court. The appeal being hopelessly time-barred is dismissed. The file may be consigned.

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