Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)- ----Ss. 25-A & 65-B-Limitation Act (X of 1908), S. 5-Grievatiee notice and petition -Limitation-Condonation of delay-Petitioner detained under Martial Law Order for about 6 months and subjected to investigations causing mental ailment of accute depression-Services terminated during detention period for reasons of absence-Grie­vance notice- served after release and grievance petition filed within 2 months of submission of grievance notice-Medical Certificate from Doctor of establishment mentioning that petitioner was suffering from re-active depression-Delay in submission of grievance notice and ultimate delay in filing grievance petition, in circumstances, condoned by Appellate Tribunal. (b) Industrial dispute- --Absence from duty-Under trial prisoner-Long-standing practice existing in establishment to allow special leave of absence without pay to under-trial prisoners-Workman detained under Martial Law Order for about 6 months and services terminated for reasons of absence-Existence of long-standing practice, in circumstances, held, gave rise to a vested right becoming embedded in terms and condi­tions of service of workers-Labour Appellate Tribunal, in circum­stances, awarding reinstatement with back benefits-Industrial Rela­tions Ordinance (XXII1 of 1969), Ss. 25-A & 38(3). Ali Amjad for Appellant. S. Qamaruddin Hassan for Respondent Date of bearing : 18th March, 1985. DECISION This is an appeal directed against the impugned order of the Labour Court, dated 7th November, 1983, whereby he had dismissed the grievance petition of the appellant filed by him under section 25-A, 1. R. O., 1969. 2. The facts are that the appellant was an "Assembler" with the National Motors Limited, since 1974. He was also the Publicity Secretary of the Collective Bargaining Agent at the time when he was arrested on 19th March, 1981 and detained under Martial Law Order 82 of 1978. He was not intimated of any charge or the allegation. On 24th March, 1981, the appellant was issued a charge-sheet for absence from duty from 19th March, 1981, without any intimation regarding the cause of absence and he was informed that if he…

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