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Petitioner: MUHAMMAD SIDDIQUE VS Respondent: GENERAL MANAGER, PAKISTAN RAILWAYS
2002 P L C (C
2002 P L C (C.S.) 1181
[Supreme Court of Pakistan]
Present: Abdul Hameed Dogar and Faqir Muhammad Khokhar, JJ
MUHAMMAD SIDDIQUE
Versus
GENERAL MANAGER, PAKISTAN RAILWAYS and 2 others
Civil Petition No. 1981‑L of 2000, decided on 18th April, 2002.
(On appeal from the judgment dated 7‑6‑2000 of the Federal Service Tribunal, Lahore, passed in Appeal No.445‑L of 1998).
Industrial Relations Ordinance (XXIII of 1969)‑‑‑
‑‑‑‑S.25‑A‑‑‑Service Tribunals Act (LXX of 1973), S.2‑A‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Removal from service‑‑‑Grievance notice‑‑ Delay of six years in sending the notice and filing appeal' before Labour Court‑‑‑Appeal before the Service Tribunal was also barred by time as S.2‑A, came into existence in the Service Tribunals Act, 1973, on 10‑6‑1997‑‑‑Appeal before Service Tribunal was dismissed being time barred‑‑‑Supreme Court declined to interfere with the judgment passed by Service Tribunal and leave to appeal was refused.
Rana Maqbool Ahmed Khan, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 18th April, 2002.
ORDER
ABDUL HAMEED DOGAR, J.‑‑‑The petitioner seeks leave to appeal against the order dated 7‑6‑2000 of the Federal Service Tribunal, Lahore, passed in Appeal No‑445‑L of 1998 whereby the same was dismissed.
2. The petitioner was appointed as Muawan on 2‑4‑1973 in Pakistan Railway. It was stated that he used to remain absent from duty without any justification. As such on 13‑6‑1988 he was removed from service. He filed departmental appeal which was also dismissed on 1‑8‑1998. He then sent a grievance notice under section 25‑A of the Industrial Relations Ordinance on 16‑4‑1994 and thereafter filed grievance petition on 8‑5‑1998. OR the same day, he tiled appeal before the Federal Service Tribunal, Lahore, which was dismissed vide the impugned order.
3. Rana Maqbool Ahmad Khan, learned Advocate Supreme Court for the petitioner has not been able to explain the delay of six years for sending grievance notice and filing the appeal before the Punjab Labour Court. Moreover, the appeal before the Tribunal was also barred by time as P` section 2‑A came into existent 'n the Service Tribunals Act, 1973, on 10-6-1997.
4. For the foregoing reasons, the petition is devoid of force and the same is dismissed.
Q.M.H./M.A.K./M‑396/S Petition dismissed.