Topa Sporting Goods (Pvt) Ltd. v. The Commissioner of Labour and Three Others – sllr 1997 volume 2 page 095

In the case between TOPA Sporting Goods (Pvt) Ltd. (Party A) and the Commissioner of Labour and three others (Party B), the court addressed whether the dismissal of a certiorari application due to a six-month delay, without issuing notice to the respondents, is justified under the Termination of Employment of Workman (Special Provisions) Act. It was held that summary dismissal solely based on such a delay is improper, especially where jurisdictional errors and equitable considerations arise. The court reaffirmed that delay should be a discretionary rather than absolute bar to judicial review, thus preserving access to remedies in cases of potential jurisdictional excess. This decision relied on established precedents, including Sebastian Fernando v. Katana Multi-Purpose Co-operative Societ