| Citation(s) |
|---|
| 2013 SLG 1795 2013 SLD 1795 2013 PLC 278 |
Labour Appellate Tribunal, Punjab
Appeal No.BR-838 of 2012, decision dated: 5-10-2012
HAFIZ ABDUR REHMAN ANSARI, CHAIRMAN
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Appeal No.BR-838 of 2012, decision dated: 5-10-2012
HAFIZ ABDUR REHMAN ANSARI, CHAIRMAN
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DISTRICT COORDINATION OFFICER, BAHAWALPUR and 3 others
VS
RIAZ AHMAD
Law:
Section:
Punjab Industrial Relations Act (XIX of 2010)--- ----Ss. 33 & 47---Termination of service---Grievance petition---Appeal, limitation for---Services of the employee having been terminated, he filed grievance petition, which petition having been accepted by the Labour Court, employer department had filed appeal which was barred by 42 days and the department filed application for condonation of such delay after two years of filing of appeal---No cogent reason was taken or prescribed in the application for condonation of delay---Employee though was appointed on daily wages basis, but his service was extended from time to time, and he had attained the status of permanent workman---Employer department was also of permanent nature---Labour Court, in circumstances, had rightly accepted grievance petition of the employee---Appeal was dismissed, even on the ground of limitation being time-barred by 42 days. Pakistan Railways v. Ghulam Sarwar 1989 SCMR 864 and Executive Engineer, Central Civil Division, Pak P.W.D. Quetta v. Abdul Aziz and others PLD 1996 SC 610 rel. JUDGMENT HAFIZ ABDUR REHMAN ANSARI (CHAIRMAN).--- The appellant-department has filed the instant appeal before this Court against judgment/order dated 21-6-2006 passed by learned Presiding Officer, Labour Court No.8, Bahawalpur whereby Learned Presiding Officer, accepted the grievance petition of the respondent/ petitioner. 2. The brief facts of the instant appeal are that respondent/ petitioner was initially appointed as a Tubewell Driver/Operator under the control of Executive Engineer, Provincial Building Division, Bahawalpur. Subsequently as per policy of the Government, services of the respondent/petitioner were transferred to Health Department w.e.f. 1-7-1999. Since then respondent/ petitioner is performing his duty as a Tube Well Driver/ Operator at RHC Uch Sharief, District Bahawalpur. Since 1-7-1999, respondent/petitioner has not been paid his monthly salary. He submitted different applications to appellants/respondents for payment of his salary but it has been refused. Respondent/ petitioner is facing financial hardship. He also instituted a petition before Hon'ble Lahore High Court at Bahawalpur…
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