Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969~- -- S. 25-A (4), proviso-Limitation-Employer communicating reply to grievance notice after expiry of period of 15 days-Limitation for grievance petition before Labour Court, in circumstances, held, reckon­able from date of such communication and not from dates of expiry of periods prescribed in subsections (2) & (3). (b) Industrial dispute- -- Termination of service-Workman involved in murder case and in Police custody and thereafter in Jail facing trial--Employer, held, cannot wait and keep job vacant-Termination of service with one month's pay in lieu of notice, in circumstances, held, not objectionable­ Workman on acquittal after more than 3 years, held, cannot claim re­instatement as of right. Muhammad Zaman Qureshi for Appellant. Kh. Muhammad Nueem for Respondent. JUDGMENT Zulfiqar Ali, appellant, was appointed as a Record-keeper in Premier Tobbaco Industries Ltd., Mandra in 1972. In 1974 he was involved in a murder case under section 302, P. P. C., on account of which he was arrested on 28-12-1974. He remained in Jail till 30-4-1978, when he was acquitted in the said murder case. During his confinement in jail, the Management vide their memorandum No. MA/ADMN/GEN/3423, dated 25-7-1975 (Exh. R-2) terminated his services on payment of one month's salary in lieu of notice. The termination order is reproduced below :- "You are involved in a charge of murder and you are presently confined to jail since 28-12-1974. The Management cannot be expected to keep you in employment. Your services are, therefore, terminated on pay­ment of one; month's salary in lieu of notice. You are requested to authorise your nominee to collect your legal dues including notice pay on any working-day." The above order was sent under registered cover A/D to the appellant at .his home address as well as through the Superintendent Jail, Rawalpindi, where he was at that time confined. It may be observed here that the appel­lant in his own statement before the Labour Court has admitted that he was delivered the termination letter (Exh. R-2) on 25-7-1975. After his release from Jail, the appellant on 11-5-1978 submitted an applica­tion…

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