Law:

Section:

-- S. 25-A-Dismissal of workman-Grievance petition against­ workman even prior to dismissal order serving grievance notice making complaint of being gate stopped and submitting a second grievance notice after receipt of written dismissal order-Conten­tion that in grievance petition based upon first grievance notice dismissal order could not be challenged-Reply to grievance notice indicating that the matter involved was of dismissal and employer being aware of real grievance of petitioner was not prejudiced in his defence-Contention that petitioner could not be allowed to plead a case different from that which is set up in grievance petition, in circumstances, rejected. Abdul Saeed v. Abdul Rashid Mir, Prop. Kanyan Capper Industries N L R 1981 T D 603; Adamjee Industries v. Presiding Officer, Sind Labour Court No. VII, Karachi 1981 P L C 93; Haji Ali Khan v. Presiding Officer, Sind Labour Court No. VII, Sukkur 1979 P L C 196; Choudhry Brothers Ltd. v. Jaranwala Central Co-operative Bank Ltd., Jaranwala 1968 S C M R 804; Government of West Pakistan v. Haji Mohammad P L D 1976 S C 469 and Budho and others v. Ghulam Shah P L D 1963 S C 553 distingu­ished. Hameed M. Siddiqui for Appellant. Mahmood Abdul Ghani for Respondent. Date of hearing: 10th March, 1982. DECISION The sole issue, which has been convassed before this Tribunal in this appeal is whether the grievance petition filed by the appellant workman, Qadeer Khan, is barred by limitation and was, therefore, rightly dismissed by the learned IVth Labour Court, 2. The facts relevant for the purposes of this appeal, shortly stated, are that the appellant was employed as a helper in the only Department of the respondent Mills. It appears that on 4th April 1981, the appellant was served with a charge sheet for being found absent from his duties and refusing to obey the lawful orders of his superiors to perform his duties. As the reply of the appellant to the said charge sheet was not found satisfactory by the management, a domestic enquiry was ordered, to be held against the appellant. It appears that an ex parte domestic enquiry was held against the appellant on 29th April, 1981 and on the basis of the said ex…

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