| Case ID |
09a90c33-934e-4725-96cf-a60cbe1b51a1 |
| Body |
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| Case Number |
Civil Appeal No. 452-L of 1995 |
| Decision Date |
Jun 13, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, stating that the dismissal of the constitutional petition by the High Court was valid due to the lapse of 13 months without a satisfactory explanation. The court noted that the delays cited by the appellant were not included in the original petition. The court emphasized that it had the discretion to hear the case on merit despite the procedural lapse, but ultimately upheld the Labour Appellate Tribunal's decision regarding the retirement of the appellant. The appellant's claim for an extension of the retirement date was found to be unjustified, as no evidence was presented that supported the assertion of pending cases at the time of retirement. Thus, the appeal was dismissed without costs. |
| Summary |
This case revolves around the dismissal of a constitutional petition due to a 13-month delay in filing without a valid explanation. The Supreme Court analyzed the circumstances leading to the delay, including the time taken to obtain certified copies and an accident suffered by the petitioner. The court ruled that while the delay was significant, it still chose to hear the case on its merits. Central to the case was the issue of premature retirement of the appellant, who initially requested retirement effective from June 30, 1988, but later sought to extend it to August 3, 1988. The Labour Court initially ruled in favor of the appellant, but the Labour Appellate Tribunal reversed this decision, leading to the appeal. The Supreme Court upheld the Tribunal's ruling, emphasizing the lack of evidence regarding pending cases and the validity of the retirement date. This case highlights key aspects of labor law and constitutional procedures, particularly regarding the importance of timely filings and the grounds for appeal in labor disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA,
RAJA AFRASIAB KHAN
|
| Lawyers |
Rafiq Javed Butt,
C.M. Latif
|
| Petitioners |
ALLAH NAWAZ SHEIKH
|
| Respondents |
another,
PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE
|
| Citations |
1996 SLD 437 = 1996 PLC 297
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Industrial Relations Ordinance (XXIII of 1969)
|
| Sections |
199,
185(3),
25-A
|