Law: Sindh Industrial Relations Act, 2013

Section: 34,48

Sindh Industrial Relations Act (XXIX of 2013)--- ----Ss. 34 & 48---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O.12---Termination of service---Grievance application---Employee, a junior clerk, was terminated, and she on receiving one month pay in lieu of notice, she severed her relations with the employer corporation---Employee after about 10 years of her removal from service, filed grievance application before Labour Court, without filing application or showing any cause for condonation of the delay, in filing grievance application---Employee, had contended that an other employee, whose service was terminated on the same day by a separate, but similar order, having been directed by Labour Court to be reinstated, benefit of Labour Court of that other employee should be given to her as well---Validity---Said other employee who was reinstated, was ten years senior in service to the employee and her rank was also higher---Order of the Labour Court was not " in rem", as it had neither decided any question of law, nor its decision was binding---Facts of the two cases being quite different, the ratio of case of other employee, could not be applied to case of employee. Mohammad Mubin-us-Salam's case PLD 2006 SC 602; 2011 PLC 161; 2009 SCMR 1; 1996 SCMR 1185 and 2005 PLC (C.S.) 368 ref. JUDGMENT ALI SAIN DINO METLO, MEMBER.--- The appellant has challenged order dated 28th May, 2015, of the Sindh Labour Court No.VI, Hyderabad, dismissing her grievance application for reinstatement in service as time-barred. 2. Briefly, the facts are that service of the appellant, a junior clerk (BPS-05) in the respondent corporation, was terminated on 31st December, 2003, and on receiving one month pay in lieu of notice she severed her relations with the corporation. 3. On 1st June, 2013, she sent grievance notice to the respondent and on 8th July, 2013, i.e. after about ten years of her removal from service, she filed grievance application before the Labour Court without filing application, or showing any cause, for condonation of…

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