Law:

Section:

Industrial Relations Ordinance (XXII1 of 1969)- --Ss. 25-A & 38 (3) - Grievance petition---Limitation---Three months-Petitioners work-charged employees claiming to be regula­rised from 1974-Regularisation order issued in 1979--Petitions filed in 1982-Time-barred-Order of Labour Court dismissing grievance petition, in circumstances, upheld by Appellate Tribunal. Shabbir Awan for. Appellants. Manzar Alam, A.P.P. for Respondents Date of bearing :11th April, 1985. DECISION This is an appeal against the order of Sind Labour Court No. VII at Sukkur, who dismissed the two grievance applications filed by the appel­lants, on 30th April, 1983. 2. The brief facts of the grievance applications were that the appel­lants were working in the Provincial Buildings Division, Sukkur, on work­charge establishment since long. They have claimed that they were entitled to be brought on regular establishment with effect from 1st January, 1974 under the restrictions contained in letter No. F. D. (S.R. 11 1-64/77, dated 2nd August, 1974. That in spite of several applications and requests no action has been taken in this regard and the appellants were being treated as work-charged employees although they were being paid their salaries from regular Budget. They preferred the grievance petitions. 3. The respondents in reply statement pleaded that the post of regular employees were not sanctioned by respondent No. 1 and, therefore, the work-charged establishment employees could not be brought on regular establishment on 1st January, 1974. They have pleaded that the appel­lants were brought on regular establishment with effect from 1st August, 1979. The grievance notices are against the mandatory provisions of section 25-A, I.R.O, 1969, and they are hopelessly time-barred. 4. The Labour Court examined the appellants, Exh. 3, the affidavits filed by Abdul Rahim and Muhammad Suleman. The respon­dents in their support filed the affidavit of Ushar Ahmed, Assistant Engineer and a Court witness, who was examined on 19th April, 1983, who was Respondent…

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