Law: West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)

Section: O. 18(a)

Law: Limitation Act (IX of 1908)

Section: 3, 29

  (a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. O. 18(a)-Grievance notice-Grievance notice by Trade Union-Cannot be taken to be a notice by individual workman and hence not sufficient compliance of law. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V! of 1968), S. O. 18 read with Limi tation Act (IX of 1908), Ss. 3 & 29-Grievance petition-Limitation-Limitation of time prescribed by S. O. 18, West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance, 1968-Mandatory-Time barred petition, held, cannot be entertained by Labour Court. It was contended that in view of the provisions of Standing Order No. 18(d) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 the Labour Court is competent to ignore the limitation laid down in Standing Order No. 18(a) and (b) of the Ordinance. Held: Section 3 of the Limitation Act say, that if an application is made after the period of limitation prescribed therefore then it shall be dismissed. Section 29 of the Limitation Act says that where any special law prescribes for an application a period of limitation different from the one prescribed by the First Schedule of the Limitation Act then the period so prescribed by the special law shall be read as the period of limitation for the purposes of section 3 of the Limitation Act. The combined effect of sections 3 and 29 of the Limitation Act is that a petition under Standing Order No. 18 has got to be dismissed, if it is beyond time. Sub-clause (d) of Standing Order No. 18 of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi nance, 1968 means nothing but this that if a petition under Stand ing Order No. 18 has been properly filed then a proper relief or any other just relief may be given to a party by the Court, even though not claimed, acting under the power given in clause (d) of Standing Order No. 18. It does not empower the Labour Court to entertain an application which is time-barred, because that has to be dismissed in view of the provisions of section 3 read with section 29 of the…