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Civil Petition for Leave to Appeal No. 112‑K of 1986, decided on 4th June, 1986.
(On appeal from the judgment and order of the Federal Service Tribunal, dated 13‑2‑1986 in Appeal No. 4(K) of 1986).
‑‑‑Art. 212(3)‑‑Service Tribunals Act (LXX of 1973), S.4(1) proviso (c)‑‑Petitioner's appeal dismissed by Service Tribunal as barred by time but it had escaped notice of Service Tribunal that impugned order was passed before 1st July, 1969 and petitioner's appeal was, therefore, not competent due to bar of proviso (c) to subsection (1) of S.4 of Act‑‑Submission of petitioner, that had Service Tribunal dismissed his appeal on aforesaid ground he would have sought relief from competent Court of law, requiring examination‑‑Leave granted.
Petitioner in Person.
Nemo for Respondent.
Date of hearing: 4th June, 1986.
This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 13‑2‑1986 dismissing an appeal filed by the petitioner on the ground that it was hopelessly barred by time.
It has escaped the notice of the Service Tribunal that the impugned order before the Tribunal was passed before 1st July, 1969 and petitioner's appeal was, theref‑e, not competent due to the bar of Proviso (c) to subsection (1) of section 4 of the Service Tribunal Act, 1973. Petitioner, therefore, submits that had the Service Tribunal dismissed his appeal on the aforesaid ground, he would have sought relief from a competent Court of law. We grant leave to examine only this plea.
Appeal will be heard on the present record within two months. It is, however, open to the parties to file additional documents, if any.
M. Y. H. Leave granted.
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