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Petition No. LHR-400 of 1981, decided on 25th February, 1982.

---S.17--Limitation Act (IX of 1908), S. 5--Limitation--Labour Court has no jurisdiction to condone delay as S.5 of Limitation Act has not been made applicable to cases arising under Payment of Wages Act.

Abdul Karim Saggu for Appellant.

Date of hearing: 16th February, 1982.

This revision is directed against the decision dated 31-5-81 passed by the Learned Presiding Officer Punjab Labour Court No.1, Lahore whereby the appeal brought by the petitioner against the decision of the Learned Commissioner under the Payment of Wages Act., was dismissed as time-barred.

An application for condonation of delay had also been filed along with the appeal. The learned Labour Court held that section 5 of the Limitation Act, was not applicable, therefore, he had no jurisdiction to condone the delay.

Admittedly the appeal was brought under section 17 of the Payment of Wages Act according to which-the period of Limitation is 30 days. Admittedly the appeal was beyond that period. There is no provision in the Payment of Wages Act whereby section 5 of the Limitation Act may have been made applicable to the cases arising under the said Act.

Section 5 has been made applicable .by section 65-B of the" Industrial Relations Ordinance, 1969, but as the said section 5 has not been made applicable to the cases arising under the Payment of Wages Act, therefore, there is no power with the courts to condone the delay A in bringing the appeal. The lower Court was right in rejecting the application for condonation of delay and the appeal being time-barred was rightly dismissed on this ground. There is no force in the revision which is dismissed in limine.

M. I.

Revision dismissed.

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