INDRIYAS GILL vs THE SECRETARY, GOVERNMENT OF THE PUNJAB, EDUCATION
This civil petition arose from a judgment of the Service Tribunal where the petitioner's application for the condonation of delay was not considered. The core legal question was whether the Service Tribunal is required to consider and decide an application for condonation of delay filed under Section 5 of the Limitation Act 1908 before disposing of the main matter. The Supreme Court of Pakistan, after hearing the petitioner's counsel and noting the concession of the Advocate-General that the application ought to have been considered, converted the petition into an appeal and allowed the same. The Court held that the Service Tribunal must explicitly consider and dispose of an application for condonation of delay in accordance with the law. The case was remanded to the Tribunal for a proper determination of the limitation issue.
- Is the Service Tribunal required to consider and decide an application for condonation of delay filed under Section 5 of the Limitation Act 1908?
- Can an order of the Service Tribunal be sustained if it fails to address a pending application for condonation of delay?
- Section 5, Limitation Act 1908
ORDER
1. ' GHULAM MUJADDID, J.---We have heard learned counsel for the petitioner who laid great stress on the fact that the petitioner had submitted an application for condonation of delay before the Tribunal which was not considered because there is no mention of that in the impugned judgment.
2. ' We sent for the Advocate-General to make sure as to what was the stance of the respondent. He submitted that the application under section 5 of the Limitation Act ought to have been considered.
3. We, therefore, convert this petition into appeal, allow the same and direct that the Tribunal shall dispose of the application under section 5 for condonation of delay in accordance with law.