Law: Balochistan Industrial Relations Act, 2010

Section: 41,54(2)

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.O. 15(2)(iii)---Balochistan Industrial Relations Act (XIII of 2010), Ss.41 & 54(2)---Demotion---Grievance petition---Delay, condonation of---Employee who was appointed as Upper Division Clerk, was demoted just 10 days after his appointment, filed grievance petition after inordinate delay of 12 years from his demotion---Grounds mentioned by employee in his application for condonation of said delay, were not sufficient, but were general in nature---Grievance petition and application for condonation of delay, were rightly dismissed on point of limitation by Labour Court. 1997 CLC 2495; 2003 MLD 1612; 1987 CLC 249; 2003 MLD 1612; 1992 SCMR 365 and 2009 SCMR 187=2009 PLC (C.S.) 523 distinguished. THIS JUDGMENT DELIVERED BY ABDUL GHIAS NOUSHERWANI (MEMBER).--- The appellant challenged the judgment dated 29-5-2013 in Case No.22 of 2012 passed by Learned District and Sessions Judge Presiding Officer 1st Labour Court Balochistan wherein application of appellant was dismissed. 2. For disposal of instant appeal the background of the matter is that appellant/applicant was appointed as UDC in the Department of respondent on 9-8-1999. After joining the service the appellant/applicant was demoted along with the three others as LDC. According to version of appellant/applicant that on 30-6-2011 he came to know that Azhar Farooq and some others officials were appointed on the same year as UDC remain on their posts and were not demoted. He further states that on the same day he submitted an application/appeal before Authority but the same has not been disposed of till 8-6-2012. Thereafter he issued grievance notice which was followed by grievance petition on 19-7-2012. After submission of written statements five issues framed but the case was dismissed on legal objection J and K. 3. The learned counsel for appellant contended that learned Presiding Officer without recording evidence decided the matter, firstly on the ground of misjoinder/non-joinder of necessary parties and secondly on point of limitation. The learned counsel further contended that on the point of misjoinder/non-joinder of…

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