Case Details

Citation(s)
1971 SLG 3003 1971 SLD 3003 = 1971 PLC 22
Pakistan Labour Court
Industrial Relations Case No. 168 of 1970, decided on 30th June 1970.
Presented By: Md. Nurul Islam Khan, Chairman, S. A. Haleem and M. Karim, Members

HUMAYUN MIRZA

VERSUS

THE CHAIRMAN, M. M. ISPAHANI LTD., DACCA

Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 32, 25

Industrial Relations Ordinance (XXIII of 1969), S. ' 34 and East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965); S. 25-Belatedapplication-Cannot be entertained- Applicant making application under S. 34, Industrial Relations Ordinance, 1969 after expiry of limitation period prescribed to S. 25, East Pakistan Employment of Labour (Standing Orders) Act, 1965-Limitation provided by (Standing Orders) Act, held, applicable to application under S. 34, Industrial Relations Ordinance,. 1969 and could not be condoned-Application in circumstances, held, time-barred and not entertainabte even under S. 34, Industrial Relations Ordinance, 1969.   AWARD MD. NURUL ISLAM KHAN (CHAIRMAN). This is an application under section 34 of the industrial Relations Ordinance, 1969, hereinafter referred to as the Ordinance. The case of the first party is that he was a permanent employee under the second party since 1-7-1951 till his services were finally terminated on 15-8-1967. He was not paid termination benefits as per law. He approached the second party and a lot of time passed, but he received no reply. Time was wasted. Finally on 28-4-1970 he filed the present case in Court for termination benefits. The second party entered into appearance by filing a written statement wherein it was stated that the petition was time-barred; that there was no cause of action; that the case is false, malicious and vexatious and that the first party was not a worker. Hence the petition should be rejected. Points for determination (1) Whether the application is time-barred? (2) Whether the application is maintainable under law? (3) Whether the first party is entitled to any relief under the Ordinance?   FINDINGS AND DECISION All .the points are dealt with together for the sake of convenience. 1t appears from the statement of the first party that this application was filed on 30th…
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