3362/2021 Const. P. Imdad Ali Soho (Petitioner) V/S G.M (Thermal) PEPCO and Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
3362/2021 Const. P. Imdad Ali Soho (Petitioner) V/S G.M (Thermal) PEPCO and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 25-FEB-26
The delay in filing the grievance petition and subsequent appeal before the NIRC arose due to circumstances beyond his control and, therefore, falls within the scope of condonation under Section 14 of the Limitation Act, 1908. The impugned orders dated 13-10-2020 and 17-02-2021, which dismissed the Petitioner???s grievance petition and appeal solely on the technical ground of limitation without considering the merits of the case, are legally unsustainable and unjust. The period spent by the Petitioner in obtaining certified copies of earlier orders cannot be counted for the purposes of limitation. 10. In the interest of justice, procedural bars of limitation must yield to the Petitioner???s fundamental right to service and livelihood. Accordingly, the impugned orders are set aside, and the matter is remanded to the learned Bench of the NIRC for a fresh decision on the merits within one month.