Case Details

Citation(s)
2001 SLG 2243 2001 SLD 2243 2001 PLC 639
Labour Appellate Tribunal, Sindh
Appeal NO.KAR 80 of 2000, decision dated: 10-05-2001.
MUNAWAR ALI KHAN, CHAIRMAN

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AFZAL AHMED

VS

Messrs DAWOOD COTTON MILLS LTD.

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) S.25 A Grievance petition Limitation Maintainability Employee whose services were terminated was obliged to give grievance notice within three months of his termination, but he gave the notice after the delay of more than ten months Grievance notice being time barred, it would automatically follow that even the grievance petition filed by the employee was similarly time barred Grievance petition in absence of any separate application for condonation of delay was rightly dismissed being barred by time Employee otherwise had ceased to be employee of the employer as he had already resigned and had been paid his full and final dues Grievance petition thus was not maintainable on that ground also. Riaz Hussain Baloch for Appellant AND Ch. Latif Saghar for Respondents. Date of hearing: 2nd May, 2001. DECISION The appellant Afzal Ahmed has preferred this appeal from the judgment, dated 17th July, 2000 of Sindh Labour Court No.IV whereby his grievance petition was dismissed. The appellant's case, briefly stated, is that he was employed as Cutter in the Respondents' Mills on 25 7 1960. Since then he had been working on various jobs in various cadres. Lastly when he was working as Supervisor also involving the duties of manual labour, his services were terminated on 1 2 1998 by verbal order. No reason was given for the termination of his services and, therefore, the Termination Order was mala fide and without legal effect. He took the matter to N.I.R.C. under section 22 A(B) (g) of I.R.O. 1969 but his petition did not find favour with the said Commission. His petition was, therefore, dismissed by Order, dated 4th March, 1999 with remarks that the appropriate forum if approached by the petitioner might consider the condonation of delay made on account of litigation filed before the Commission. Thereafter, the appellant addressed grievance notice to the respondents vide his letter dated 23 3 1999 but the respondents failed to reply the said notice. He then filed grievance petition in Sindh Labour Court No.IV on 9 4 1999 which was dismissed as stated above. Aggrieved by the impugned order of the said Labour Court he has come in…
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