Case Details

Citation(s)
2001 SLG 2207 2001 SLD 2207 2001 PLC 424
Labour Appellate Tribunal, Sindh
Appeal No. KAR 78 of 2000, decided once February. 2001
MUNAWAR ALI KHAN, CHAIRMAN

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Syed HASSAN ASKARI

VS

MINOPAK MOTORS LTD. KARACHI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969) ------S.25 -A---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.Os.12, 13 & 14 Termination of service Grievance petition Limitation Grievance petition filed after expiry of prescribed period of three months was objected to on the ground that since employee had challenged the order of termination of his service by way of grievance petition the cause of grievance would arise to the employee on the date on which order of termination was passed against him Claim of employee was that since employee's services were terminated by way of retrenchment S.O. 14 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 would c9me into play and according to said order all the retrenchment workmen were to be re employed within a year of their retrenchment Employee had further claimed that he was to be re employed within one year from his retrenchment and that he having remained unemployed ever since the date of his termination, his cause of action arose within one year from the date of termination of his service Validity Employee though was terminated from service by way of retrenchment, but no evidence was available on record to show that employers were prepared to take back any of the retrenched workmen Employers had categorically denied that they had re-inducted or re employed any of the retrenched workmen Employee in his grievance notice had clearly indicated that he was aggrieved by the order of termination of his service and not by refusal or reluctance of the employers to re employ him within one year of his retrenchment Grievance notice and grievance petition filed long after prescribed period of three months, was rightly dismissed being barred by time. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.0.14 Retrenchment Employee under S.O. 14 .of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had to wait for full one year from the date of his retrenchment before giving any grievance notice because his grievance would arise only after the expiry of one year…
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