| Case ID |
3cc5ed3d-85f9-465f-80a9-4451d728db0a |
| Body |
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| Case Number |
Appeal No. 184 of 1992 |
| Decision Date |
Oct 28, 1992 |
| Hearing Date |
Oct 28, 1992 |
| Decision |
The appeal was dismissed as the wrong advice from a lawyer did not constitute a valid ground for condonation of delay under the Limitation Act. The appellant, Muhammad Aslam Qurban, had pursued his grievance petition after being dismissed from his position as a driver due to non-resumption of duty following a leave period. The Labour Court ruled that the delay in filing the grievance was not justifiable, and the appeal did not provide sufficient grounds for overturning the earlier decision. |
| Summary |
In this case, the Labour Appellate Tribunal of Punjab addressed the appeal of Muhammad Aslam Qurban against the order of the Punjab Labour Court, which had dismissed his grievance petition as time-barred. The case revolved around the Limitation Act (IX of 1908), specifically sections 5 and 14, discussing the implications of pursuing legal remedies based on mistaken legal advice. The Tribunal upheld the principle that a wrong advice from a lawyer does not justify extending the time limit for filing appeals or petitions. The appellant had been previously dismissed from his job after failing to resume duty following a casual leave period. The decision reiterated the importance of adhering to statutory time limits in legal proceedings, emphasizing the need for individuals to seek competent legal counsel to avoid such pitfalls. This case serves as a crucial reference point for future disputes involving the Limitation Act, illustrating the strict enforcement of time constraints in legal processes. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Agricultural Development Bank of Pakistan
|
| Judges |
SH. ABDUL WAHEED,
MUHAMMAD ASLAM QURBAN
|
| Lawyers |
Rana Muhammad Yaqoob Khan,
Iftikhar Hussain
|
| Petitioners |
Muhammad Aslam Qurban
|
| Respondents |
Agricultural Development Bank of Pakistan, Bahawalpur through Regional Manager
|
| Citations |
1993 SLD 1192,
1993 PLC 203
|
| Other Citations |
Ch. Muhammad Sharif v. Muhammad Ali Khan and others 1975 SCMR 259,
Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102,
U.H. Joseph and others v. Settlement Commissioner and others 1982 SCMR 752,
Nek Muhammad v. A.C. Jhelum and others 1986 SCMR 1493,
Manzoor Hussain and others v. Muhammad Ali and another 1989 SCMR 1498,
Chief Administrator of Auqaf v. Muhammad Ramzan and others PLD 1991 SC 102
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
5,
14
|