Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- ---- S. 25-A(6) [prior to Industrial Relations (Amendment) Ordinance (IX of 1977), i.e. 28th January, 1977]-Petition against dismissal­-Limitation period-Two months -Petition filed after more than 4 months of cause of action-Not maintainable. Shakil Z. Lari for Applicant. S. M. Q. Yaqoob for Respondents. ORDER The applicant has filed an application under section 25-A of the I.R.O., 1969, against the respondent praying for his re-instatement in service with full back benefits. The facts of the case in brief are that the applicant/petitioner was working as a cashier since 22nd November, 1971 in the establishment of the respondents and as such he was a permanent workman. The applicant was charge-sheeted on 20th October, 1975 to which he replied. The respondents, without considering the explanation to the charge­sheet, held enquiry against him. After completion of the enquiry, the applicant was dismissed from service on 6th April, 1976, mechanically and as such it is not maintainable in law. The applicant, after giving the grievance notice to the respondents filed the above case. The respondents contested the above case and filed their reply statement stating therein that none of the rights of the applicant under any award or settlement have been infringed. The applicant having accepted his full and final dues cannot be said to have left any grievance against the respondents and as such there exists no relationship of master and servant between the applicant and the respondents. The application of the applicant is barred by limitation. The respondents have further 'stated that they gave the charge-sheet to the applicant to which he replied. Since the explanation to the charge-sheet was found unsatisfactory, the Enquiry Officer was appointed to hold the enquiry against the applicant. . The enquiry report shows that the charges were proved against the applicant and as such second show­-cause-notice was issued to the applicant. The applicant was ; ' .M an opportunity of personal hearing. Thereafter the applicant` v. as dismissed from service on 6th April, 1976, in the light of the findings of the Enquiry Officer arid in…

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