Law: Industrial Relations Act, 2012

Section: 33

(a) Industrial Relations Act (X of 2012)--- ----S.33---Individual grievance---Limitation---Non-service of grievance notice---Scope---Petitioner, a driver of university assailed order passed by employer/university whereby he was relieved from service---Validity---Petitioner, after release from service approached High Court despite being aware that the service regulations of the employer were non-statutory and constitutional jurisdiction could not be invoked in such cases---Petitioner had taken more than 90 days in filing petition in the National Industrial Relations Commission (NIRC) which was sine qua non for filing petition under S.33 of Industrial Relations Act, 2012---Grievance notice appended with the petition was undated and was not supported by proof of service---High Court while dismissing the Constitutional petition had also touched merits of the case and remarked that petitioner was given eight different warnings regarding his discipline issues, even then he used to drive in reckless manner despite clear warnings and had not mended his ways---Grievance petition being not maintainable on the grounds of limitation as well as non service of grievance notice, was dismissed. 1981 PLC 403; Mukhtar Ahmed v. Bahria University Case No.4B(74)/2012; 1995 PLC 667; 2016 PLC 358 and 2019 SCMR 648 ref. (b) Limitation Act (IX of 1908)--- ----Preamble---Law of limitation is a statute of repose, designated to bar stale and water-logged disputes and is to be strictly complied with---Statutes of limitation by their very nature are strict and inflexible---Law of limitation does not confer a right, it only regulates the rights of the parties---No scope in the law of limitation exists for any equitable or ethical construction---Justice, equity and good conscience do not override the law of limitation---Object of law of limitation is to prevent stale demands and so it ought to be construed strictly---Hurdles of limitation cannot be crossed under the guise of any hardships or imagined inherent discretionary jurisdiction of the court---Ignorance, negligence, mistake or hardship do not save limitation nor does poverty of the parties. 2016 PLC (C.S.) 195; 2010 PLC (Labour) 104;…

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