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PUNJABLABOUR APPELLATE TRIBUNAL AND OTHFRS‑Respondents

Civil Petition or Special Leave to Appeal No. 87 of 1982, decided on 9th February, 1983.

(On appeal from the judgment and order of the Lahore High Court, dated 1‑12‑1982, in W. P. 5626 of 1981).

of Pakistan (1973)‑

--Art. 185 (3) read with Industrial Relations Ordinance (XXIII of 1969), S. 38‑Jurisdiction and powers of Labour Appellate Tribunal.‑ Finding of fact‑‑‑Tribunal not found to have violated any law or principle with regard to findings of fact.‑‑‑Appellate Tribunal empowered to upset finding of Labour Court on question of delay‑Held, petition for Leave to Appeal was without force.

Irtiqa Rasool Hashmi v. Water & Power Development Authority and another 1980 S C M R 722 ref.

Ch. Altaf Hussain, Advocate Supreme Court and Sh. Salahuddin Advocate -on‑Record for Petitioners.

Ch. Ghulam Qadir, Advocate Supreme Court and Sh. Abdul Karim Advocate‑on‑Record for Respondents.

Date of hearing : 9th February, 1983.

‑Leave to appeal has been sought from the order dated 1‑2‑1981 of the Lahore High Court, whereby a constitutional petition arising out of a labour matter, was dismissed in limine

The plea taken before the High Court on the petitioner's (employer) side was that the finding by the Labour Appellate Tribunal that the respondent No. 3 had not signed his resignation was not correct‑; and that in any case it should not have condoned the delay in the filing of the said respondent's grievance, with the Labour Court. Reliance in this behalf has been placed on Irtiqa Rasool Hashmi v. Water & Power Development Authority and another (P L D 1982 S C 139).

The finding of fact about signatures was held by the High Court to be unexceptionable and regarding condonation of delay it was observed that the appellate decision fell within the discretionary field.

Same arguments have been repeated before us with a little more vehe mence; but we are unable to differ with the approach of the learned Judge of the High Court in its writ jurisdiction.

The Tribunal has not violated any law or principle with regard to the findings of fact on the question of signatures. The case cited by the learned counsel on question of condonation of delay by an appellate forum, relate to a distinguishable restricted jurisdiction, hence it is of no help to him. The appellate tribunal in this matter had full power to upset the finding of the labour Court on the question of delay.

The petition has no force and is accordingly dismissed.

S. Q. Leave refused,

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