Case Details

Citation(s)
2014 SLG 384 2014 SLD 384 2014 PLC 209
Labour Appellate Tribunal, Quetta
Labour Appeal No. 18 of 2013, decided on 25th October, 2013. Date of hearing: 10th October, 2013.
ABDUL GHIAS NOUSHERWANI, MEMBER
Dost Muhammad Mandokhail for Appellant. Kaleem Ullah Quresh for
Respondents Nos.1 and 3. Ms. Shahnaz Rana for
Respondent No. 2.

ZIA-ULHAQ

VS

ALBARIO ENGINEERING (PVT.) LTD. through Director and 2 others

Law:

Section:

Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S.Os. 12 & 15(3)---Balochistan Industrial Relations Act (XIII of 2010), Ss.41 & 54(2)---Termination of service on ground of misconduct---Grievance petition---Delay, condonation of---Employee whose services were terminated after issuing him show-cause notice and holding enquiry on ground of misconduct, filed grievance petition against order of his termination with considerable delay---Employee in his application for condonation, having failed to state sufficient grounds for said delay, on which ground his application was rejected---Employee had also failed to file appeal against of the Labour Court within prescribed period of 30 days after delivery of certified copies as prescribed under S.54(2) of Balochistan Industrial Relations Act, 2010---In absence of irregularities and illegalities in impugned order of the Labour Court, impugned order was upheld; consequently appeal was dismissed. 1985 CLC 1063 and PLD 1969 SC 270 distinguished. 2010 CLC 807 and 2010 CLC 1039 ref. THIS JUDGMENT DELIVERED BY: ABDUL GHIAS NOUSHERWANI (MEMBER)----------- The applicant/appellant challenged the order dated 24-6-2013 passed by Learned Labour Court 1st Quetta wherein application for restoration of petition was dismissed, hence this appeal. 2. For disposal of this appeal facts in brief according to application under section 41 of BIRA, 2010 are that the appellant was appointed by respondent No.1 in the year 2000 as helper at power plant being maintained and run by Habibullah coastal power plant. It is further stated that on 25-4-2012 show-cause notice was issued by the general manager human rights resources alleging that the appellant/applicant purred water into meal in kitchen of dining hall and destroyed the meal. By this act committed misconduct and after inquiry when appellant/applicant recorded his statement stated that he has not committed any misconduct and prays for his reinstatement declaring the termination order illegal and unlawful. 3. After notice respondents filed their rejoinder wherein categorically denied the claim of appellant/applicant. It is further stated that during…
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