Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A(2) & (4)-- Grievance notice--Grievance petition--Limita­tion--Correspondence between employer and workman after service of grievance notice, held, could not affect valuable right accrued to employer by lapse of time so as to save grievance petition from being time-barred. 1974 S C M R 393; Jaffri v. Muhammad Saleem 1979 P L C 431 and Ehsan Ali v. District Judge P L D 1969 S C 167 rel. ORDER In this application under section 25-A I.R.O. applicant has brought the grievance for the payment of Rs.37274.75, against Pakistan Machine Tool Factory on the basis of medical bills for the expenses incurred by Ch. Masood Ahmed. 2. The grievance of the applicant is very brief that he was re-instated with back benefits by Sind Labour Court No.2 dated 12-11-1984. Applicant submitted application on 30-12-1984 before the employer, demanding the re-imbursement on account of medical expenses incurred during the period he remained dismissed. Application was attended but so late that applicant again had to produce documents in response to the requisition on 27-4-1985. Respondent also addressed the letter to the applicant on 26-6-1985 on the subject medical bills of which also the applicant clarified the position. Respondent also made enquiries as to the correctness of the bills but made no payment which was a legitimate claim. 3. Respondent has also raised the objection that application is time-barred. It has not been filed within 2 months from the date of first notice of grievance of 30-12-1984. They have admitted that applicant submitted grievance dated 30-12-1984 and therefore subsequent letters cannot be treated as the notice of grievance. They have also taken this defence that the claim being related to the period between the period of dismissal and re-instatement are time ­barred. They have also submitted that applicant was paid all the back benefits except the false claim which cannot be called as back benefits. They have relied on the medical rules of the company and taken this factual aspect that applicant also did not contact the Radiologist of the company to justify the claim. Regarding time limitation they…

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