Law:

Section:

Industrial Relations Ordinance, 2002-- ----S. 46(2)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Subsequently promotion--Imposition of major penalty of compulsory retirement--Grievance petition was filed after seven days delay--Barred by time--Grievance petition could not be accepted after being imposed major penalty of compulsory retirement--Obligation to communicate decision to notice of employee within period of 15 days--Validity--If an employer fails to communicate his decision within period specified or if a worker is dis-satisfied with such decision worker may take matter to Labour Court but he shall do so within a period of two months from date of communication of decision by employer or as case may be from expiry of period specified in Section 46(2) of Industrial Relations Ordinance, 2002--Jurisdiction of Labour Court/tribunal created under special statute is dependent upon nature of claim, person who files claim, time during which it has been filed and manner in which such claim has to be filed--Jurisdiction can be exercised by Labour Court/tribunal when all jurisdictional facts exist together--Labour Court or Labour Appellate Tribunal are under an obligation to act within scope of Industrial Relations Ordinance, 2002 and cannot exercise jurisdiction as a Civil Court; as soon as Labour Court or Labour Appellate Tribunal steps out of four corners of a special law order/ passed would be result of defective or excessive exercise of jurisdiction--Order passed by respondent is patently in violation of express provisions of law i.e. Section 46 of Industrial Relations Ordinance, 2002--Tribunal which is in vested with jurisdiction to decide a particular matter has jurisdiction to decide it rightly or wrongly because condition for grant of jurisdiction is that it should decide matter in accordance with law when tribunal goes wrong in law, it goes outside jurisdiction conferred on it--Grievance notice sent after an inordinate delay of more than 5 years instead of a prescribed period of 15 days in Section 46 of Industrial Relations Ordinance, 2002 is not a valid grievance notice on basis of which grievance petition could have been filed;…

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