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Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 36-D & 37-Appeal-Appellate Order of Labour Court against decision of Junior Labour Court-Not appealable before Labour Appellate Tribunal. A. Majeed for Appellant. M. A. Shaikh for Respondent. Date of hearing : 17th August, 1980. DECISION The services of the appellant, who was employed as a Clerk in the respondent-Bank, were terminated on 16-7-1971. The appellant preferred an appeal to the General Manager of the respondent-Bank but his appeal was rejected. He, accordingly, preferred a grievance application under section 25-A, I. R. O., before the appropriate Junior Labour Court, which ordered his re-instatement in service. Against the said decision the respondent­ Bank preferred an appeal before the Labour Court which allowed the same on 13-7-1974 on the ground that the requisite grievance notice was not served by the appellant on the respondent. Bank. The appellant, thereafter, approached the High Court in the exercise of its constitutional jurisdiction. The High Court has held that service of grievance notice under section 25-A, I. R. O. is mandatory and lack of service of such notice upon the employer vitiate the proceedings. However, another point was raised by the appellant before the High Court, namely, whether 'the appeal of the respondent-Bank before the Labour Court was barred by limitation. The High Court took the view that this was a mixed question of law and fact and could only be properly decided on the basis of evidence but since no evidence on the issue had been led it remanded the case to the Labour Court with the direction to consider the issue of limitation after giving opportunity to both the parties to lead evidence on the issue. On remand, the Labour Court, by its decision, dated 10-1-1980, has held that the respondent-Bank's appeal was filed within time and it has accordingly re-affirmed the decision of its predecessor and rejected the appellant's grievance petition. Against this decision the appellant has come up in what is purported to be an appeal under section 36-D, I. R. O. 2. I have heard Mr. A. Majeed for the appellant and Mr. M. A. Shaikh for the respondent-Bank. Their…

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