| Case ID |
20755c2d-f8ef-422a-9fe8-aee882b7ba2d |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.118-R of 199 |
| Decision Date |
Apr 03, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court refused to grant leave to appeal against the judgment of the Peshawar High Court which dismissed the writ petition on the grounds that the petitioner, being a deregistered trade union, was not a juristic person and thus could not be treated as an aggrieved party. The petitioner's application for condonation of delay was also rejected as the reasons provided for the delay in filing the appeal were not justified. The court emphasized that each day's delay must be explained and found the petition time-barred. The petitioner's request to convert the appeal into a petition under Article 184(3) for the enforcement of fundamental rights was declined as the issue was not raised during the earlier proceedings. Consequently, the court dismissed the petition as being time-barred. |
| Summary |
In the case of Civil Petition for Leave to Appeal No.118-R of 1990, the Supreme Court of Pakistan deliberated on the refusal of a trade union's appeal against the Peshawar High Court's decision that dismissed their writ petition. The High Court found that the trade union had been deregistered and was therefore not a juristic entity entitled to appeal. The petitioner sought condonation for a delay in filing the appeal, claiming that they had requested a certified copy of the judgment promptly but received it late. However, the Supreme Court found the reasons insufficient and emphasized that the delay must be justified on a day-to-day basis. The court also declined the petitioner's request to treat the case as one for the enforcement of fundamental rights, as this argument was not presented in the lower court. The decision highlights the importance of adhering to procedural timelines in legal proceedings and the stringent standards applied to requests for condonation of delay. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Trade Union,
Registrar of Trade Unions,
Labour Appellate Tribunal, N.-W.F.P.
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
AJMAL MIAN
|
| Lawyers |
Mr. Abid Hassan Minto,
Mr. Naeem Bokhari
|
| Petitioners |
|
| Respondents |
National Radio and Telecommunication Corporation, Haripur
|
| Citations |
1991 SLD 852,
1991 SCMR 286
|
| Other Citations |
Mst.Hajran v. Sardar Muhammad P L D 1970 S C 287,
Province of East Pakistan v. Abdul Hamid Darji and others 1970 S C M R 558,
Abdul Ghani v. Ghulam Sarwar P L D 1977 S C 102,
Muhammad Bashir v. Muhammad Shafi and another 1989 S C M R 310,
S.Iqbal Hussain Shah and another v. Mst Akhtari Begum and others 1989 S C M R 1441
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Constitution of Pakistan (1973),
Supreme Court Rules, 1980
|
| Sections |
10,
185(3),
184(3),
17,
OXIII, R.1,
OXXXIII, R.6
|