Case Details

Citation(s)
1985 SLG 2406 1985 SLD 2406 1985 PLC 234
Labour Appellate Tribunal, Punjab
Appeal No. R. Y. Khan-302 of 1984/Pb., decided on 12th July, 1984.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL

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LEVER BROTHERS (PAKISTAN) Ltd., RAHIMYAR KHAN

VS

AZIZ AHMED

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance petition--Dismissed as time-barred--Observations recorded by Labour Court would not be direction to redress grievance. Naeem Bokhari for Appellant. Mr. Suleman for Respondent. Date of hearing: 9th July, 1984. JUDGMENT The appeal captioned above arises from the decision, dated 3-5-1984 passed by the learned Presiding Officer, Punjab Labour Court No.8, Bahawalpur, dismissing the grievance petition of the respondent as time-barred but at the same time holding that the respondent is entitled to the benefits of the settlement, dated 17-8-1983. The respondent has brought cross objections also against the dismissal of his petition for re-instatement as time-barred. 2. Both the parties are under misconception. Since the grievance petition was dismissed as time-barred, the appellant was not the aggrieved party arid could not come up in appeal. No doubt, the learned lower Court hold that the respondent was entitled to the benefits of the settlement, but this opinion was expressed to avoid a remand order if this Tribunal found that the petition was not time-barred. Needless to say that when a petition has been dismissed, there is no direction to redress the grievance of the worker. Since the petition was dismissed, the respondent was the aggrieved party and could challenge the decision in appeal but instead of preferring an appeal cross-objections have been filed. Since the respondent is before this Tribunal in any capacity, I deem it necessary to record finding on the controvercial points. So far as the prayer of re-instatement is concerned, the grievance notice was time-barred. The services of the respondent were terminated on 12-4-1983 on the ground that due to illness he was not capable of doing his duties. Grievance notice was served on 3-12-1983. Obviously, it was time-barred. It was not asserted in the grievance petition that any…
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