| Citation(s) |
|---|
| 1977 SLG 1601 1977 SLD 1601 1977 PLC 284 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-73 of 1976, heard on 26th November 1976.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
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Appeal No. KAR-73 of 1976, heard on 26th November 1976.
GHULAM RASOOL SHAIKH, APPELLATE TRIBUNAL
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REHMAN
VS
MESSERS PAK MINERAL DRESSING 8c PROCESSING LTD., KARACHI
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- -- S. 25-A-Industrial dispute-Contention of no opportunity being given to appellant to rebut allegations and to show that cheques alleged to be handed over to appellant either accepted under protest or were not at all received or encashed---Appellant's counsel admitting actual receipt of cheques and their being encashed----Objection also raised for first time after lapse of 18 days-Objection, held, rightly disallowed by lower Tribunal. Izhar Ahmed for Appellant. Abdus Samad for Respondent. Date of hearing: 26th November 1976. DECISION This is an appeal against the order of the Labour Court dismissing the application under section 25-A, I. R. O. on preliminary objection. 2. The appellant was in the employment of the respondent and his services were terminated by way of retrenchment. Two cheques dated 3rd March, 1976 were sent to the appellant towards his dues. The appellant encashed the cheques by opening an account in the bank. However, on 27th March, 1976 he sent a grievance notice to the respondent complaining against the termination of his service. Thereafter, he filed the application in the Labour Court. 3. A preliminary objection was taken that the application was not maintainable as the appellant had accepted cheques and encashed them without any protest and he could not be permitted to re-agitate the matter after…
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