| Citation(s) |
|---|
| 1983 SLG 1587 1983 SLD 1587 1983 PLC 548 |
Labour Appellate Tribunal, Punjab
Appeal No. QSA-271 of 1981, decided on 20th December, 1982.
MUHAMMAD ABDUL 6HAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. QSA-271 of 1981, decided on 20th December, 1982.
MUHAMMAD ABDUL 6HAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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THE POINEER STEEL MILLS
VS
MUHAMMAD YAQOOB
Law:
Section:
Industrial Relations Ordinance (XXIH of 1969)--- ---- S. 25-A-Lirrutation-Petition against termination of service-Workman refusing to receive termination order and making representation to Martial Law Authorities against termination of service-Grievance notice served after about 9 months of termination on coming to know that nothing happened on his representation to Martial Law Authorities-Time wasted in going to Martial Law Authorities, held. cannot be condoned-Grievance petition, in circumstances, held, not maintainable due to grievance notice and petition being time-barred. LC. M. Pasha for Appellant. Muhammad Zaman Qureshi for Respondent, Date of hearing : 12th December, 1982. JUDGMENT This appeal arises from the decision dated 3rd May, 1981 passed by the learned Presiding Officer, Labour Court No. 3, Lahore at Ferozewala whereby the grievance petition of the respondent was accepted and he was directed to be re-instated . with full back benefits. The reason given for the termination is that, his services were no more required. The respondent instead of serving a grievance notice within time and bringing grievance petition, approached the Martial Law Authorities whereupon some correspondence occurred between the management and D.M.L.A. The appellant was asked to re-instate the respondent but to no purpose. The respondent gave grievance notice on 25th of July, 1979 and brought the grievance petition on 11th of October, 1979. The only point argued before me by the learned counsel for the appellant is of limitation. According to the appellant the grievance notice was time barred and no application for condonation of delay was made. The order of termination was passed on 21st of September, 1978. The case of the appellant is that the termination order was attempted to be served upon the respondent through R.W-2 but he refused to receive the same. The order of termination was not published in Pakistan Times also. The respondent made application to the D.M L.A. on 1st October, 1978, whereupon the D.M.L.A. inquired from the appellant if the respondent had been re-instated or not, It has been argued by the learned counsel for the appellant that the respondent…
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