RAB NAWAZ Versus EXECUTIVE ENGINEER, WAPDA

ORDER

1. MUHAMMAD AFZAL ZULLAH, J. ‑‑Petitioner's service appeal having been dismissed by the Federal Service Tribunal, leave to appeal has been sought on the ground that the appeal was not liable to be dismissed as time‑barred.

2. The plea taken before and rejected by the Tribunal was that the time spent by the petitioner in seeking remedy before the forums provided by the Labour Laws and that spent in the High Court regarding the pendency of a writ petition had to be excluded u/s 141 of the Limitation Act; and, in any case it was a case for treatment u/s 5 read with Section 14, thereof and not otherwise.

3. This argument inter alia has also been pressed before us. It needs examination. Besides, it also needs examination whether the declaration of law or clarification of a point of law, by this Court operates as a notice about the state of law of such type that ignorance about it or failure to act on it, enhances the bar of Limitation

4. Leave to appeal is accordingly granted. To be heard with similar other cases, on the present record with direction for filing of all necessary documents

5. M . Y . H . /R‑60/ S Leave to appeal granted.