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Appeal No: RI‑604 of 1982, decided on 13th August, 1983.
‑‑ S. 37 (3)‑Appeal before Labour Appellate Tribunal ‑ Limita tion‑Valuable right accrued to respondent by lapse of time cannot be denied without cogent reasons‑Delay of six days ‑‑Condonation of application not disclosing any unavoidable reasons Condonation of delay refused,
Syed Intisar Hussain for Appellant.
Ch. Muhammad Akram for Respondent. Date of hearing 8th August, 1983.
This appeal arises from the decision dated 5th September, 1982 passed by the learned Presiding Officer, Punjab Labour Court No. 6, Rawalpandi whereby the punishment of W. I. P. awarded to the respon dent was reduced to W I. T.
2. The respondent went on leave and was due, on 3rd March, 1977 but did not report for duty and remained absent for about two years without leave. He reported on duty. He was after consideration of his case accepted on duty but the period of absence from 21st February, 1977 to 20th February, 1981 was treated as leave without pay and he was awarded punishment of W. I. P.
3. The appeal is time‑barred and the learned counsel for the respon dent has prayed that it be dismissed as such. An application for condona tion of delay has been made The reason is that last date was 24th October, 1982 but due to unavoidable reasons the papers could not reach the learned counsel till that .date. The appeal was presented on 30th October, 1982. This is evident from the application for condonation of delay that the unavoidable reasons have not been disclosed. The petition too is not supported by any affidavit. So the delay has not been explained. A valuable right has accrued to the respondent by lapse of time which cannot be denied without any cogent reasons. Since the delay has not been explained, no case of condonation of delay has been made out. 1, accordingly, reject the application for condonation of delay.
4. As a result of the observations made above, the appeal is dismissed as time‑barred.
A. E. Appeal dismissed.
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