| Citation(s) |
|---|
| 1984 SLG 1062 1984 SLD 1062 1984 PLC 171 |
Labour Appellate Tribunal, Punjab
Appeal No. QSA-271 of 1981, decided on 20th December, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. QSA-271 of 1981, decided on 20th December, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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PIONEER STEEL MILLS
VS
MUHAMMAD YAQOOB
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)--- --Ss. 25-A & 38 (3) --Grievance notice-Limitation-Starts running from date of cause grievance coming to knowledge of workman Workman's services terminated-Instead of service of grievance notice approaching Martial Law Authorities-Some correspondence ensuing between Martial Law Authorities and Management regarding re-instatement but ultimately of no avail -Martial Law Authorities having no jurisdiction to direct re-instatement, period wasted in going to such Authorities, held, cannot be condoned Grievance petition based up delayed and time-barred grievance notice served after failure in efforts through Martial Law Authorities, in circumstances, held, time-barred and not competent-Order of Labour Court accepting grievance petition set aside by. Appellate Tribunal. (b) Industrial Relations Ordinance (XXIII of 1969)- --S. 2 (xxviii) (b)---"Workman" - Employee performing supervisory duty but drawing wages not more than Rs. 800 per mouth-Not excluded from definition of workman: K. M. Pasha for Appellant. Muhammad Zaman Qureshi for Respondent. JUDGMENT This appeal arises from the decision, dated 3rd May, 1981 passed by the learned Presiding Officer, Labour Court No. 3, Lahore at Ferozewal whereby the grievance petition of the respondent was accepted an 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 La 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 4n 11th 0 Qctober, 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…
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