| Citation(s) |
|---|
| 1981 SLG 2454 1981 SLD 2454 1981 PLC 915 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-752 of 1980, heard on 12th February, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR-752 of 1980, heard on 12th February, 1981.
Z. A. CHANNA, APPELLATE TRIBUNAL
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ABDUL RASHID
VS
KARACHI ROAD TRANSPORT CORPORATION
Law:
Section:
(a) Industrial Relations Ordinance (XXIII of 1969)------- ------ S. 25-A-Grievance notice to employer--Limitation--First representation containing grievance-To be considered grievance notice for purpose of limitation. (b) Industrial dispute------- ---- Resignation-Acceptance-After withdrawal--Invalid. Muhammad Nooruddin v. K.D.A. 1974 P L C 123 rel. Abdul Munim Khan for Appellant. Sirajul Haq Qureshi for Respondent. Date hearing : 12th February, 1981. DECISION The appellant, who was employed as a bus conductor in the Karachi Transport Corporation, the respondent herein, tendered his resignation from service in writing. According to the resignation application, the resignation was being submitted as a protest against an administrative action taken by the respondent-Corporation, which the appellant considered prejudicial to the interests of workmen. The resignation application is dated 24th February, 1980 but admittedly it was presented to the District Manager of the respondent corporation on 25th February, 1980. On the same day, in the afternoon, the appellant]withdrew his resignation and wrote as follows :- Signed in my presence. (Sd.) 16-05 25/2 The resignation, however, was accepted arid intimation of the acceptance of the resignation was given to the appellant on 28th February, 1980. The appellant challenged the, acceptance of his resignation by way of a grievance petition before the learned Fourth Labour Court, which has dismissed his grievance petition on the grounds, firstly, that the grievance notice served by the appellant on the respondent corporation was beyond the period of limitation and, accordingly, the grievance petition was not maintainable, and that secondly, the appellant having resigned voluntarily he had no guaranteed right to withdraw the same. The appellant has now come up in appeal this Tribunal against the said decision. 2. I have heard Mr. Abdul Munim Khan for the appellant and Mr. Sirajul Haque Qureshi for the respondent-Corporation. 3. Now as regards the first point on which the learned Labour Court held appellant grievance petition as not maintainable, it may be pointed out that before serving the normal grievance notice, dated…
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