Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- ---S.25-A--Grievance petition--Limitation--Condonation of delay-­Petition delayed by more than 3 month s--Condonation sought on grounds of illness of petitioner supported by Medical Certificate--­Conduct of petitioner not straight forward as he was found to have appeared in Court on date during period of medical certificate-Illness recorded on medical certificate also not of such nature as to paralyse petitioner's movements to extent of inability to present petition in time--Condonation refused invoking maxim that equity aids vigilant and not indolent. S.M. Kohistani for Applicant. Mahboob Rizvi for Respondents. ORDER This is an application filed by Khan Muhammad, for the redress of the grievance under section 25-A Industrial Relations Ordinance, 1969, for re-instatement against the wrongful termination of his services, with back benefits. 2. Applicant claims that his services were terminated on 1-4-1987 and he sent the notice of grievance on 5-4-1987 to the employer, but no intimation was sent to him, till he filed the case in the Labour Court. 3. Initially, the respondent has taken the legal objection that applicant submitted the notice of grievance under section 25-A, IRO, on 5-4-1987, when he should have filed application on 21-6-1987. But the applicant has filed application before the Labour Court on 20-7-1987 after delay of one month. 4. In the written statement, the respondent has given the reference also of the reported decision as the judicial precedent of the case law of P L D 1973 Quetta on page 129, that each day of limitation should be explained. The decision has not been produced before the Court for reference. 5. However, when the matter was fixed for evidence, Mr. Mehboob Rizvi desired that the preliminary objection regarding question of law on the point of limitation be decided first whether the maintainability of the application finds the cause of action for the redress of the grievance with particular reference to the requirement of section 25-A, IRO, by emphasizing the time limitation to bring the application before the Labour Court is the mandatory requirement in this proviso of section 25-A,…

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