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Industrial Relations Ordinance (XXIII of 1969)--- ---Ss. 25-A & 38(3)--Grievance petition--Limitation--Long delay caused in serving grievance notice to employer or in making grievance petition to Labour Court not accounted for--Order of Labour Court dismissing grievance petition as time-barred was maintained. Manzar Alam for Appellant. Date of hearing: 6th May, 1986. DECISION This is an appeal filed by appellant, Achar son of Karim Dad against the impugned order, dated 4-6-1984, passed by the VIIth Sind Labour Court at Sukkur. 2. The brief facts of the case are that the appellant was employed with the respondent Railways as a Gateman and was posted at Gate No. 52 KM 285/7-8. While, he was on duty from 16 to 24 hours, one Truck No. 4840, being driven by one unlicensed driver forcibly entered into the gate when train 159 Up was approaching the gate. It is pleaded that the signal and the train was not visible from a long distance because of the curve in between and whenever train reached near the gate, he immediately closed one gate, but, when he was attempting to close the other gate, the truck driver forced his entry and thus its back portion collided with the said train. He was then arrested by the police on the very day on the first report lodged by the authorities and on 24-6-1978, he was charge-sheeted by the respondent Railways. It is claimed that without either holding a domestic enquiry or affording an opportunity of defending the charges, the appellant was removed from service, vide order, dated 5-7-1978. Further, that during this period, the appellant continued to face trial before the Resident Magistrate, Larkana, and finally, on 5-6-1980, he was acquitted. He then approached the Railway Administration for his re-instatement but with no effect. On 26-9-1981, the appellant filed an appeal before the Divisional Engineer Sukkur, but, it was dismissed on 1-11-1981. The appellant then submitted a mercy petition before the General Manager Railways, but, it was also rejected on 6-4-1982. Repeated application was moved on 7-2-1983, but, as there was no result, a grievance notice was served upon the Railways Administration on 1-3-1983, and finally, a…

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