| Citation(s) |
|---|
| 1985 SLG 1534 1985 SLD 1534 1985 PLC 91 |
Labour Appellate Tribunal, Punjab
Appeal No. FD-934 of 1978/Pb., decided on 8th March, 1982.
MUHAMMAD ABDUL GHAFOOR KHAN LOCHI, APPELLATE TRIBUNAL
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Appeal No. FD-934 of 1978/Pb., decided on 8th March, 1982.
MUHAMMAD ABDUL GHAFOOR KHAN LOCHI, APPELLATE TRIBUNAL
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NATIONAL BANK OF PAKISTAN, FAISALABAD and another
VS
ABDUL QAYYUM QAISER
Law:
Section:
Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance petition--Bank employee involved in criminal case--Suspended for indefinite period--Grievance petition accepted and employee reinstated in service--Contention that grievance petition was barred by time, repelled by Tribunal, holding that suspension is continuous wrong giving fresh cause of action on every day--Employee reinstated in service during pendency of appeal before Tribunal--Appeal dismissed as having become infructuous. P L D 1969 S C 167; 1980 P L C 568 (ff) and P L D 1964 S C 520 ref Muhammad Yasin for Appellants. M.S. Bokhari for Respondent. Date of hearing: 17th February, 1982. JUDGMENT This appeal arises from the decision dated 29-8-1978 passed by the learned Presiding Officer, Punjab Labour Court No.4, Faisalabad, whereby the respondent was directed to be reinstated in service with back benefits. 2. The respondent was a Typist in the appellant Bank. On 20-2-1977 a criminal case under sections 467, 478 and 420 read with section 109 P.P.C. was registered against him and he was suspended on 12-7-1977 for an indefinite period. The respondent served the management with a grievance notice on 18-5-1978 and when the wrong was not redressed, he brought the grievance petition in the learned lower Court. 3. The learned counsel for the appellant has argued that the grievance notice served on 18-5-1978 was time-barred, inasmuch as the order of suspension was made on 12-7-1977. In this respect the learned counsel has cited P L D 1969 S C 167 and 1980 P L C 568 (ff). None of the two authorities is on the point whether the grievance notice given in respect of the order of suspension beyond the period of one month from the date of suspension, where the suspension continues, is time-barred. The point involved was that where an appeal has been decided on merits without considering the point of limitation, the mere fact that it was decided on merits, does not make it within time. In the second mentioned authority it has been held that writ jurisdiction can be exercised to set aside the order of the Labour Court accepting application under section 25-A of the Industrial Relations Ordinance, 1969,…
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