| Case ID |
37a4dd46-315f-4396-8cdd-c015d0f8ef5b |
| Body |
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| Case Number |
Appeal No. 12(57) of 1986 |
| Decision Date |
Feb 02, 1987 |
| Hearing Date |
Jan 06, 1987 |
| Decision |
The appeal was heard under subsection (4) of Section 22-B of IRO, 1969, and the delay in the filing of the appeal was condoned. The court found that the appellant was not notified of the impugned order, which was passed without notice to the parties involved. The period of limitation for filing the appeal was deemed to commence from the date of knowledge of the order, rather than the date it was issued. The court emphasized that the actions of the court should not prejudice any party. Therefore, the appeal was admitted for a full hearing, and the operation of the order appealed against was stayed until the final decision of the appeal. |
| Summary |
In this case, the National Industrial Relations Commission addressed the issue of condonation of delay in filing an appeal under the Industrial Relations Ordinance, 1969. The court examined the circumstances surrounding the appellant's delayed awareness of the impugned order and determined that the appeal should not be prejudiced due to the actions of the court. The ruling emphasized the importance of proper notification to parties involved in legal proceedings, establishing that the limitation period for appeal filing should start from the date of knowledge of the order. This case highlights the principles of fairness and due process in legal proceedings, particularly in relation to appeals and the significance of timely communication of court decisions. It serves as a critical reference for similar cases regarding procedural justice and the rights of litigants in the context of industrial relations law. |
| Court |
National Industrial Relations Commission
|
| Entities Involved |
Not available
|
| Judges |
M.S.H. Quraishi,
Aziz Ahmed
|
| Lawyers |
Muhammad Saleem Khan,
Malik Muhammad Suleman
|
| Petitioners |
Brig. (Retd.) Muhammad Ahmad
|
| Respondents |
Abdul Rehman Durrani
|
| Citations |
1987 SLD 1324 = 1987 PLC 719
|
| Other Citations |
Ma Me Thin v. Maung San Lun 27 IC 784,
LalH and another v. Sain Ditta and others 27-PR-1919=51 IC 239,
Ma Hamwe Yai and another v. Daw Win Tha A I R 1941 Rangoon 194
|
| Laws Involved |
Industrial Relations Ordinance (XXIII of 1969),
Limitation Act (IX of 1908)
|
| Sections |
22-B(4),
5,
14
|