Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- -- S. 25-A-Grievance notice and petition-Limitation-Rules of establishment providing right of appeal-Limitation to start from date of rejection of appeal-Representation filed even after rejection of appeal-No proof that such representation was not permissible under rules-Representation rejected--Entertain­ment and rejection of representation, in circumstances, held, raised presumption that there may be provision for such representation and limitation for grievance notice and petition would start from rejection of representation. (b) Industrial Relations Ordinance (XXIII of 1969)- -- Ss. 1 (3), 25-A & 38 (3) read with Pakistan Railways Police Ordinance (XLI of 1976), S. 5-Employees of Pakistan Railway Watch and Ward (Watchman) stand transferred to Pakistan Railway Police-Industrial Relations Ordinance, 1969 no longer applicable to them-Cause of grievance arising out and grievance notice served prior to enforcement of Pakistan Railways Police Ordinance, 1976 (25th October, 1976)-Grievance petition filed after such enforcement-Right of remedy of petitioner held, though not adversely affected but due to procedural change Labour Court had no jurisdiction-Order of Labour Court accepting grievance petition set aside by Appellate Tribunal with direction that petition be returned for being presented before proper forum. Agha Taj Muhummad for Appellant. Zafar Saleem for Respondent. Date of hearing : 4th May, 1982. JUDGMENT This appeal arises from the decision, dated 11th May, 1978 passed by the learned Presiding Officer, Punjab Labour Court No. 7, Gujran­wala, whereby the grievance petition of the respondent was accepted and he was directed to be re-instated in service without back bene­fits. 2. The respondent was employed as Watchman in 1964. He was given a charge-sheet on 5th May, 1975 to which he submitted reply which was not considered satisfactory, therefore, a departmental enquiry was conducted against him, which culminated in his dismissal. After the service of grievance notice, the respondent brought the grievance petition. 3. The allegations against the respondent were of slackness in discharge of duties.…

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