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DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAY KARACHI versus LABOUR COURT NO VI HYDERABAD


Section 3 Limitation Appeal Although the time limit does not apply to a lawsuit because of a restrictive law, if an illegal and unlawful jurisdiction has been imposed, the invalid authority may make invalid injunctions, on the law and the facts. Not exactly valid. Such an application would not be off limits

P L D 1979 Karachi 443

Before Mushtak Ali Kazi, J

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAY,

KARACHI‑Petitioner

versus

LABOUR COURT No. VI, HYDERABAD AND 2 OTHERS‑Respondents constitutional Petition No. S‑18 of 1978, decided on 25th November 1978.

Limitation Act (IX of 1908)‑‑

‑ S. 3‑Limitation‑Contention that appeal. though time‑barred yet law of limitation not applicable to case due to impugned order being illegal and without jurisdiction‑Held, not correct‑Authority having jurisdiction may pass wrong orders, not strictly justified on law and on facts, but law of limitation would not cease to apply to such

order on that account.‑[Industrial dispute].

Abdul Mateen for Petitioner.

Nemo for Respondents Nos. 1 and 2.

Respondent No. 3 (absent).

Date of hearing : 25th November 1978.

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