Case Details

Citation(s)
1985 SLG 1517 1985 SLD 1517 1985 PLC 59
Labour Appellate Tribunal, Punjab
Appeal No. GA-767 of 1981, decided on 28th February, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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ASAD ALI SHAH

VS

DISTRICT MANAGER, GOVERNMENT TRANSPORT SERVICE, GUJRAT and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)---- ---S. 25-A--Grievance petition--Dismissal from service--Grievance petition failed due to non-service of grievance notice--Appeal filed against dismissal of grievance petition also failed--Subsequent belated grievance notice and petition rejected because notice was not given without any loss of further time--Time spent in previous litigation made without service of grievance notice not condoned. G.A. Pirzada for Appellant. Date of hearing: 3rd February, 1982. JUDGMENT This appeal arises from the decision dated 9-12-1981 passed by the learned Presiding Officer, Punjab Labour Court No.7, Gujranwala, whereby the grievance petition of the appellant was dismissed. 2. The appellant was dismissed from service on 17-4-1979. He had without the service of grievance notice brought grievance petition, which was dismissed on 16-10-1979. The appellant had challenged the order in appeal which was dismissed on 15-6-1980. Thereafter, the appellant served a grievance notice on 14-9-1980 and brought fresh grievance petition on 2-10-1980. In the grievance petition the appellant has mentioned that before bringing the previous grievance petition he had served a grievance notice but this is factually wrong. If he had served the grievance notice, his previous petition would not have been dismissed. 3. The learned counsel for the appellant has argued that the time spent in the previous litigation made without service of grievance notice should have been condoned by the lower court. I cannot agree with him. Period spent in a wrong court which had no jurisdiction may be condoned but in the present case it cannot be said that in a court which had no jurisdiction, the petition was brought. The defect in reality was that without the service of grievance notice, previous petition was brought. The lower court, therefore, rightly refused to condone the delay. The period of limitation started from 17-4-1979 when the appellant was dismissed…
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