Law:

Section:

(a) Interpretation of statutes---- --- - Limitation - Period fixed by statute-Ordinarily mandatory. (b) East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965)------ ---S. 25(1)-Limitation period-Computation of Starting point-Flexible-Question of fact depending upon merits of particular case according to variable circumstances-Limitation to start either from date of occurrence of cause of grievance to respect of matters covered by Act or from date of decision of employer on grievance petition of worker-Application filed before Labour Court against termination of service long after termination notice and actual termination but within 30 days of date of final decision by employer on grievance petition of worker, held, not time-barred. (c) East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965)----- ----S. 25(1)-Limitation-Starting point-Ques tion of fact-Labour Court coming to conclusion that certain date being date of final decision of employer on grievance petition of worker was starting point for purposes of limitation in making complaint to Labour Court-Such finding of fact, held, cannot be disturbed by High Court in writ jurisdiction-Writ-Constitution of Pakistan (1962), Art. 98. Date of hearing: 21st October 1969. JUDGMENT K. HOSSAIN, J.-The petitioners are Area Manager and the Managing Director of Merck Sharp and Dohme of Pakistan. Ltd. The company terminated the service of M. A. K. Chowdhury a worker, who was working as medical representative. The employee was appointed by the Company on 22-10-62 with effect from 1-11-62 petitioner-Company was a foreign company in Pakistan with its incorporation in U. S. A. and became a Pakistani company on 28-6-62, the date of its incorporation in Pakistan. The employee's service was terminated with one month's notice dated 1-6-66 which was received on 4-6-66 and the termination of service was to take effect from 1-7-66. On 14-6-66 the employee protested against his termination with two main contentions -amongst others viz. (1) he was entitled to benefits provided under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 and. (2) that since the employee…