Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)-- ---Ss. 25-A(4), (5) & 38(3)--Labour Court--Jurisdiction--Section 25-A(5) does not make Labour Court a benevolent despot--Valid grievance notice within prescribed time--Prerequisite to invoke jurisdiction of Labour Court--Departmental appeal filed remaining unreplied--Grievance notice served thereafter delayed--Grievance petition filed after expiry of prescribed limitation period of 3½ months from date of grievance notice-­Delay in service of grievance notice and filing petition not explained--Labour Court coming to conclusion that claim regarding re-instatement of petitioner was time-barred and not entertainable--Labour Court notwithstanding its findings regarding time bar passing order for payment of certain amounts to petitioner representing gratuity, pay and notice pay--Held: (i) Valid grievance petition within prescribed time is a prerequisite to invoke jurisdiction of Labour Court and grievance petition trot fulfilling conditions prescribed under S.25-A clutched jurisdiction not given by law, (ii) Labour Court was restricted to grievance notice and S. 25-A (5) does not make Labour Court a benevolent despot--Order of Labour Court, in circumstances, set aside by Appellate Tribunal. 1982 P L C 582 and 1982 P L C 863 ref. (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 25-A--Scope--Labour Court passing order for making certain payments to petitioner not prayed for in grievance petition--Amount and manner of its calculation not free from dispute and assessment not possible without evidence--No evidence placed before Labour Court-­Order of Labour Court, in circumstances, held, illegal. Abdul Hafeez Amjad for Appellant. Raja Rub Nawaz for Respondent. Date of hearing: 13th May, 1985. JUDGMENT This appeal is against the decision/order dated 24-4-1984, passed by the Presiding Officer II Labour Court, Quetta whereby the appellants have been ordered to pay a sum of Rs.32,332 to the respondent Muhammad Safdar within one. month of the passing of the order and a direction has also been given that "whensoever occasion arises for recruitment" by the respondent preference will be given to the present…

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