Case Details

Citation(s)
1981 SLG 2231 1981 SLD 2231 1981 PLC 394
Sindh High Court
Constitutional Petition No. D-1052 of 1980, decided on 17th March 1981.
ABDUL HAFEEZ MEMON, J

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SUPERINTENDENT, SIND GOVERNMENT PRESS AND ANOTHER

VS

FARHAT ALI ZAIDI AND 2 OTHERS

Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- --S. 25-A-Limitation-Services of worker terminated but orders for his re-instatement passed by Chief Minister-Employer on allegation of order of re-instatement and signatures of Chief Minister both being forged referring matter to Crimes Branch for enquiry-­Worker exonerated of allegation of forgery on Chief Minister's confirmation of his signature on 1st August, 1977 and inquiry dropped-Worker still being not re-instated serving notice on employer and filing grievance application claiming re-instatement in service with back benefits - Grievance notice served on petitioner Department on 12th September, 1977-Grievance petition filed before Labour Court on 17th November, 1977­Labour Court dismissing application as time barred-Held, fresh cause of action accrued to worker from Ist August, 1977 when Chief Minister endorsed correctness of order of re-instatement And grievance notice and petition both filed within stipulated period and not barred by limitation. A. Sattar Shaikh, Addl. A.-G. for Petitioner. Ali Amjad for Respondents. Date of hearing : 17th March, 1981. JUDGMENT This petition is directed against the decision, dated 5th June, 1980 given by the Sind Labour Appellate Tribunal, whereby he set aside the order of dismissal of the respondent No. 1 from service and remanded the case to the Second Sind Labour Court, only for determination of the claim of the said respondent for back benefits during the period he was kept out of service by the petitioners. The relevant facts are that respondent No. 1 was employed as Machineman in the Sind Government Press. He was charge-sheeted on 9th September, 1975 in respect of certain acts of misconduct and after being found guilty in the enquiry was dismissed from service with effect from 20th December, 1975. Thereafter, the respondent No. 1 appealed to his Departmental superiors and ultimately submitted an application to the then Chief Minister of Sind who, on 17th November, 1976 ordered his re-instatement in service by making such endorsement on the application. However, the petitioner Department took the view that the endorsement and the signature of the Chief Minister…
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