Case Details

Citation(s)
1979 SLG 1088 1979 SLD 1088 1979 PLC 526
Labour Appellate Tribunal, Balochistan
Labour Appeal No. 10 of 1979, decided on 28th April, 1979.
ZAKAULLAH LODHI, APPELLATE TRIBUNAL

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AMIR KHAN

VS

PROJECT MANAGER, PMDC, QUETTA

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Aggrieved party-A party entitled to enforce any legally tenable claim continues to be an aggrieved party so long as such claim remains unsatisfied. (b) Industrial Relations Ordinance (XXIII of 1969)- ----S. 25-A read with Limitation Act (IX of 1908), S. 29-Limita­tion-Claim regarding group insurance by virtue of S. O. 13-B of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) enforceable under procedure pro­vided in Workmen's Compensation Act (VIII of 1923) prescribing 3 years limitation period-Application under S. 25-A of Industrial, Relations Ordinance, 1969, held, to be governed for purposes of limitation by S. 10 of Workmen's Compensation Act, 1923 and not by the limitation period prescribed by S. 25-A of Industrial Rela­tions Ordinance, 1569-General provision of limitation prescribed by S. 25-A of Industrial Relations Ordinance, 1969 shall give way to period of limitation prescribed by law under which right claimed is guaranteed. Iftikhar Muhammad for Appellant. Nazir Ahmed for Respondent. Date of hearing : 21st April, 1979. JUDGMENT The appellant was employed in the respondent's organization in the year 1962. On 15th December, 1964 he was confirmed as Timekeeper. On 11th October, 1975 his services were terminated on the ground that his eye-sight was defective and he was unable to perform his duties. This opinion was based on the reference of the Medical Board dated 20th August, 1975. After the termination of his services, the appellant submitted an application under section 25-A of the Industrial Relations Ordinance, 1969 (hereinafter called "I. R. O.") to the Labour Court, Quetta seeking re-instatement in service but it was dismissed on 20th March, 1976. He next preferred an appeal before this Tribunal but the same was dismissed as withdrawn on 13th June, 1977 on the ground that the appellant desired to pursue some remedy before the Labour Court. The nature of such remedy was, however, not disclosed by him. 2. Later, on 23rd October, 1977 the appellant submitted an application to Labour Court, Quetta under section 25-A of I. R. O. seeking enforcement…
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