Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A & 36-D-Limitation-Petition rejected by Junior Labour Court without reference to basic pleas adduced to support prayer for condonation-Order of Junior Labour Court in circumstances, set aside and case remanded for redecision in light of proper evidence on point of limitation. Yad Ullah Sheikh for Appellant. Riaz Hussain, Labour Inspector for Respondents. DECASION This is an appeal against the order dated 18th November 1974 of the learned Junior Labour Court, Multan dismissing the petition of Sirajud-Din Ahmad, appellant under section 25-A of the Industrial Relations Ordinance, 1969, on the preliminary point of limitation. The appeal is acceptable on the short ground that the learned Presiding Officer passing the impugned order did not refer to the basic pleas made out in the petition for meeting the objection of limitation. According to the case of the appellant he did not submit a clear resignation to the Management and that it was conditional on the acceptance of his plea for transfer to a suitable place instead of arbitrary posting against his condition of service. It is maintained on behalf of the respondent Management that the resignation of the appellant was accepted vide letter dated 25th October, 1969. Here as the said letter addressed to the appellant is neither signed by the appointing authority nor does it contain an unconditional acceptance of the resignation. This letter contained allegations of misconduct against the appellant that he was interested in running his private business in Multan and had, therefore avoided the compliance of his transfer order to Havelian No original order under the signature of the Secretary to the W. P. I. D. C. is available on the departmental file. One M. Maujud issued the said letter and signed the same for Secretary W. P. I. D. C. In the absence of any original order by the Secretary, it is to be seen whether the letter, dated 25th October, 1969 had any legal sanction behind it apart from the fact that allegations of misconduct made in the same letter against the appellant were admittedly not made a subject of enquiry in terminating service of the…

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