Case Details

Citation(s)
1988 SLG 1025 1988 SLD 1025 1988 PLC 367
Labour Appellate Tribunal, Sindh
Appeal No. HYD-4 of 198.7, heard on 10th September, 1987.
ALI NARWAZ BUDHANI, APPELLATE TRIBUNAL

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ASSISTANT SUPERINTENDENT (M & S O) RAILWAYS MAIL SERVICE, HYDERABAD and another

VS

MUHAMMAD ISMAIL

Law:

Section:

Industrial Relations Ordinance (XRIII of 1969)-- ---S.37--Appeal--Limitation--Condonation of delay--Appeal delayed for 2 days- -Condonation prayed for reasons that delay was on account of disturbances and imposition of curfew--Curfew always happened to be relaxed--Day to day delay not explained reasonably and convincingly--Appeal, in circumstances, dismissed as time--barred. Akhlaq Ahmad for Appellants. .. S.Fasahat Hussain Rizvi for Respondent. Date of hearing: 10th September, 1.987. DECISION This is an appeal filed by the appellants against an impugned order, dated 3-12-1986, passed by the Sind Labour Court No.VI, Hyderabad, who had allowed the grievance petition of the respondent under section 25-A, I.R.O. 1969. 2. Brief facts of the case are that the respondent claimed to be a permanent workman covered by Standing Orders Ordinance, 1968. It was claimed by the respondent that previously he was suspended and transferred, so he filed a grievance petition which was allowed on 31-10-1982 and due to this, the appellants were unhappy, therefore, they started harassing him in one way or the other and somehow thereafter he was put on duty vide letter, dated 23-11-1982. However, on 7-11-1983 he could not attend the office because of the serious illness of his son and since that date till 31-12-1983. He was not permitted to resume his duties on certain grounds. However, when, on 3-1-1984, he served upon the appellants his grievance notice, he was issued a charge-sheet, dated 28-2-1984 and after submission of his defence to the charge-sheet in an enquiry he was issued a second show-cause notice on 2-9-1984 which was replied by him on 13-10-1984 and thereafter by a letter, dated 18-3-1985 he was brought down to one step below for a period of one year. Being aggrieved with this, the respondent submitted his present grievance petition under section 25-A, I.8.0. 1969. 3. The appellants resisted the petition on the ground that the respondent was a temporary employee and was not- covered by the provisions of Standing Orders Ordinance 1968 because the Efficiency and Discipline Rules of 1960 were applicable to the employment of the respondent. It was also claimed by the…
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