| Case ID |
24639c11-50c8-4c40-bf6a-9eebfc7c6ad1 |
| Body |
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| Case Number |
LHR-540 of 1988 |
| Decision Date |
Jan 24, 1989 |
| Hearing Date |
|
| Decision |
The appeal was dismissed due to the appellant's failure to bring the application within a reasonable time as required by Section 34 of the Industrial Relations Ordinance, 1969. The court found that the appellant had not provided satisfactory explanation for the inordinate delay of over two years in filing the petition. Despite claiming illness, no medical evidence was presented to substantiate the claim. The court emphasized that actions challenging penalties should be brought forth promptly, and the absence of a timely challenge indicated a lack of urgency in addressing the penalty imposed. Therefore, the lower court's decision to dismiss the application due to laches was upheld. |
| Summary |
The case revolves around an appeal against a penalty imposed on the appellant by the Punjab Labour Court No. 3, Lahore. The appellant faced a penalty of a one-year stoppage of increment with permanent effect. The appellant filed a petition under Section 34 of the Industrial Relations Ordinance after more than two years, claiming illness as the reason for the delay. However, the Labour Appellate Tribunal found no evidence to support the claim of continuous illness and highlighted that the appellant had not taken necessary steps to address the penalty in a timely manner. The Tribunal ruled that the delay was inordinate and unjustified, emphasizing the importance of challenging such penalties promptly to mitigate the stigma associated with them. The case illustrates the legal principles surrounding limitation and the necessity of timely action in labor disputes. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Pakistan Railways
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi,
M. Shamim Raider
|
| Lawyers |
Nizam-ud-Din Naumani,
Malik Hamid Mahmood
|
| Petitioners |
Nizam-ud-Din Naumani
|
| Respondents |
Divisional Superintendent, Pakistan Railways, Lahore
|
| Citations |
1989 SLD 1468,
1989 PLC 649
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Relations Ordinance, 1969
|
| Sections |
34
|